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Author Topic: Change of Consent  (Read 951 times)

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Offline Ash

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Change of Consent
« on: October 07, 2015, 11:15:22 PM »
We are two brothers and two sisters. There was individual properties in the name of my father and mother. My father has been expired and my mother is alive. My father expired without any WILL.
After the death of my father, my brothers have taken the consent from me and my sister that property can be distributed between two brothers with the belief that they will respect and taken care our relationship in future with due care. But now they are not bother to any relationship and shown disrespect for their sisters.
I want to know the position of law to change the consent already given and claim my right or share from the father and mother property.

Offline adv.amarnath

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Re: Change of Consent
« Reply #1 on: October 08, 2015, 06:01:02 AM »
You have to file a suit for partition and permanent injunction and squeeze your cunning brother and claim your share. You can file the said suit along with your others siblings who are in your favour. Be it mention here that you are joint owner in respect of 1/5th undivided share of the inherited property along with other siblings and mother. It will be more cunning if you convince your sisters to transfer their undivided share in favour of you by executing Deed of Gift. If possible, apply same procedure to your mother. This will create more pressure upon your brother when the said suit will file.
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Amarnath Sanyal
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Offline Ash

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Re: Change of Consent
« Reply #2 on: October 29, 2015, 09:56:28 PM »
Thanks for your positive response. But what will happen in case some of the portion of the property is sold out by my one of the brother.

Offline adv.amarnath

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Re: Change of Consent
« Reply #3 on: October 30, 2015, 08:56:48 AM »
If property is being sold then that 3rd party will be the joint owner along with you and other co-sharer. Better to get injunction order from civil court
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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