Legal Question in Intellectual Property in India

How to solve this property problem, whether they can claim it?

Hello sir/madam,

My grandpa has 4 daughter& 3 son. My grandpa has bought a property & registered that property to his 3 son & wife.on that time he has only 3 son & 1 daughter . All 3 son are minor when my grandpa registered tat property. My grandpa & grandma expired. My grandma gave her share to her 4 daughter & registered tat property in register office before she expired. Now my aunt is asking their father's property to be given to as by Indian law or Muslim law.

we can claim it through court. if we file a pension for this....

pls help as & share your ideas.....

Thanks


Asked on 2/17/13, 6:01 am

4 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

17.02.2013

Dear Sir / Madam,

(R S Puram East, Coimbatore, Tamil Nadu)

First issues first. When your grandfather already registered the property in his three son's name, even if they were then minors, the three sons jointly become the owners of the property. If a writ petition is now filed in the Court, and if the Court comes to the conclusion that there is still a dispute amongst the legal heirs, especially if the dispute is amongst the three sons themselves over partition of the property, the Court may rule that the only option is to sell the entire property and equally divide it in the ratio of 1/7th share to each.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/17/13, 6:29 am
Sanjay Kalra Sanjay Kalra & Associates

YES...........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/19/13, 3:26 am
Jayesh Desai Jayesh Desai

Let me first tell you, that based on the input given I understand that, Muslim Law applies to you.

One needs to examine more fatcs in your case before a correct answer can be given.

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Answered on 2/19/13, 4:51 pm


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