Legal Question in Real Estate Law in India

Succssion Law

Hi, My grandmother died without making any will, she had own house.(grandfather already expired), she had three childs, my father, uncle and one daughter. my father is living in house since 1993 June. my aunt (fathers sister) is asking for part in that house.my father is ready to give but after 5 yrs..what's the solution in this case.. does she has any rights, and does my father has any special rights as he is living in that house from last 15 yrs. if she goes to court how much will it take to resolve the case.i guess more than 5 Yrs...Could you please provide the solution. thanks


Asked on 2/03/09, 12:54 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Succssion Law

She need to file a suit for partition. Outcome of such suit take quite long time.

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Answered on 2/06/09, 6:22 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Succssion Law

Yes she has got right of share in the property.

You may proceed with partition deed.

Consult a local lawyer alongwith the property details

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Answered on 2/03/09, 2:45 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Succssion Law

(1) Your aunt has same rights as that of your father and your uncle;

(2) Your father has no special right because of his living in the house;

(3) Your father is not entitled to put off your aunt for five years. She does not have to wait.

(4) She may go to the court and may also go to the police. She is entitled to her share immediately; if your father causes delay, he may have to compensate her by payment of damages and may also suffer a criminal case. A co-sharer cannot be deprived of his share. In the event of a dispute, your father can also be ousted from the house and the premises can be locked by the police till the dispute is resolved.

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Answered on 2/03/09, 7:00 am


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