Property dispute is one of the most common legal disputes in India. Property disputes include issues such as division of property, property ownership, sale and purchase of property and some other similar cases. The disputes between family members are solved by inheritance law. The property dispute between families can be solved through settlement, which could save time, money as well as could help preserve the relations to some extent. However, if the settlement fails or is not possible, then having a proper consultation with an experienced Property lawyers in Delhi, one can approach the courts.
Kinds of property: If the property involved in such dispute is ancestral property, which means that property which is inherited up to four generations of male lineage. In such property, the right to share is accrued from birth. Such a property shall not have gone under the partition, for after the division share of a coparcener becomes his acquired shares. In such property share, of the previous generation is first determined and the share of successive generations is subdivided. Thus, in case of such property, the share of father and paternal uncles and aunts (biological sisters of the father, as amended in the year 2005) shall be equal.
However, if the property is not ancestral but, was self-acquired by father, and the father has died intestate, then as per Hindu Succession Act, 1956 such property shall be inherited from class I heirs of the father i.e.
Your mother (his wife or widow), you and your siblings (if any), your father’s mother (if alive), widows and children of your predeceased siblings (if any), among others.
In case of absence of class I heirs (all deceased) only, can the class II heirs succeed the property, which includes the brother of the deceased i.e. The uncle. Similarly, if the property was gifted, was willed, this is not ancestral property, paternal uncle would not be the direct heir in any case.
In Case of Dispute: In case of dispute of property, the concerned party first of all shall contact a civil lawyers in Delhi and should understand the legal ins and outs. As the cases related to property take years to get resolved in trial courts only and would take a lot of time if went into appeal. To understand the pros and cons of filing the case from an experienced family lawyer in Delhi would ensure that you understand the kind of approach you should take.
Lead India provides a wide pool of lawyers, which have expertise in the field of property disputes, including cases related to the sale and purchase of property, inheritance of property, issues related to wills, etc. For legal advice, you can approach us online as well as on-call.
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