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Indian Law/property dispute

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Question
Sir, I had purchased a flat and the property was registered jointly with my father, first applicant being my self. I have applied for a loan and my father is the co-app for the said loan. My father sold a property which was owned by him and invested the proceeds in the present property purchased. Last year all of a sudden my father expired due to heart attack and my fahter and mother were staying in the purchased property along with my sister since mine is a transferable job. now my mother and sister are going against me and are niether vacating the property nor paying rent. I hav been paying the EMi for the loan from my salary account. Kindly advice me how to proceed further. We three are the legal hiers for my father (i.e) self, mother and sister.

regards,
Ravindar G

Answer
Dear Ravinder
As your father's legal heirs, your mother and sister gets a share of your father's share, that is you are the majority owner with your own share and 1/3'rd owner of your father's share. Having said that your mother and sister is at liberty to live in the house on which they have part ownership. I suggest you file a partition suit to divide the property. That is the way forward for you.  

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Advocate Manoj Ambat

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I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

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I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

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My blog (http://manojambat.blogspot.in/) Facebook ( https://www.facebook.com/manoj.ambat) Twitter (http://twitter.com/#!/manojambat)

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BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

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Individual clients and companies

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