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U(TLDR: Three brothers did not include two sisters and one elder brother’s wife because the brother is deceased. My mom and the two, they all want to file case together after 3 year of distribution of property)
For context:
My mother has one sister and four brothers. The eldest passed away many years ago, his wife and children did not live in the village where all the properties are located. The second eldest brother was also in a government job, so he too did not live in the village until last year Only two brothers and my grandmother to live in the village.
In 2021, my grandmother passed away (my grandfather in2013), and the war for property started among the three brothers They did the distribution in court with a neighbor as a witness, claiming that only three alive, the remaining brother and sister are deceased.
After my mother learned about this, she stopped with them she was not interested in property matters. However, the deceased brother’s family, whom no one in the family spoke to due to a previous conflict was unaware that distribution had been completed and they were excluded. They were even barred from attending our grandmother’s funeral.
Last month, they attempted resolve the conflict rebuild their relationship with the family, but discovering the distribution issue, they were also expelled from the house. Now, they intend to file a case and my mom and masi also agreed to do so.
Most of the fields they had distributed among themselves have been sold by them since it has been 3 years after distribution. So, which case can we file? We are considering hiring a lawyer.
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CAssuming you are Hindus, you can file a suit for your shares under the Hindu Succession Act, seeking a share of the property and possession thereof, and cancellation of any deeds you haven’t signed.
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HYou need to challenge the Court order passed in 2021. However, you have slept on your rights. Find a lawyer to appeal against that Order but you will need to justify why you did not appeal immediately.
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