- This topic has 17 replies, 8 voices, and was last updated 1 year, 3 months ago by
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BMy mother 77 years old has a property of 113.5 yards where she was residing. My wife and i have been constantly ill treated my by mother and my younger brother. I have three sisters and none of them is with me. I am all alone in this fight recently in Jan my younger brother moved out of home and when to his new home and took my mother and since last 1 year they are forcing me to take my part and leave but they are not paying me my rightful share. They have my wife’s gold which can as dowry from her house they are not agreeing to return that too. Now they came to rent their place I.e 2nd floor I live in first floor but I have filed a complaint against them to not rent it if they want to rent it they can build a separate passway as the current one goes through my balcony and they have also not let me go to roof as they said all these years that i cantygo because of their security issue. Now my son and my brother got into a fist fight for this can you guide me on whether i should file a partition suit and can my mother
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PYou say your mother owns the property, how did she acquire it? If it’s self acquired or she inherited it from her side of the family there’s not much you can do since she’s still the owner.
If she inherited it from your father (without a formal will) a partition suit may work.
In any case, more details are required – Consult a lawyer.
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BMy father got it from their settlement from.his brothers but it’s from starting in my mother’s name she don’t have any income and my father expired 18 years ago
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BLegally her property has to be divided 5 ways unless she writes a will where she decides who gets the property. I think. You are only entitled to 20% of the property without a will after her death from what I have seen around here
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PPartition suit in your case is one of the solutions. Alternately i will suggest you visit your local District or High Court Mediation Centre. There you can apply for a nuetral mediator to be appointed, preferably a retired district judge, and he may be able to bring the family to an understanding and a settlement deed can be drawn up. All of you need to have a positive mindset to be able to arrive at a settlement or get ready to fight a long battle in court which will result in more bitterness. Mediation may result in repairing damaged ties also. Try doing this..if it works you can thank me later.
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BMy mother and brother is constantly threating me to take the money they are offering and leave otherwise they will still sell it the property is on power of attorney
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BLawyer told me that they can’t sell or transfer the property if I file the suit first is it true and also bringing mediator in between will that also stop them from transferring or selling the property?
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AFile for partition ASAP, get your relatives and settle this asap My uncle scammed us of 7cr the same way you’re going to get scammed, nobody was on my father side and sold their piece and gave everything to my uncle
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