Property partition
Ram kumar
(Querist) 10 February 2016
This query is : Resolved
Sir my father has 8 brothers and two sisters my grandfather had agriculture land which is divided among his 8 sons including my father orally after the death of my grandfather his 4 son has registered their part on their name.the part my father got is actually purchased by my grandfathers father on the name of 3 elder brother of my father(at that time my father was not born).now my father want his part to be registered on his name .2 of the elder brother are ready to sign on the sahmati patra but 1 the eldest one is not ready.now I just want to ask is there any way we can get our property.it would be a great help if I got valuable suggession from the experts thanks.
rajagopal.s
(Expert) 10 February 2016
Hi
If your father's 2 elder brothers are ready to agree with your views, then your father can file a suit against the other elder brother.
however if the property is in the name of eldest one, it is difficult to prove it as an ancestral property unless and until circumstances are so evidence and direct .
Ram kumar
(Querist) 10 February 2016
sir thanks for your reply I just want to ask that the property is on the name of all 3 elder brothers and 2 of them are agree they have signed sahmati patra (consent letter).
dr g balakrishnan
(Expert) 10 February 2016
if yr father was not born then how he could get any share on that property?
Rajendra K Goyal
(Expert) 11 February 2016
When your grandfather expired?
What about shares of sisters of your father?
Your father should get registered the share of consenting brothers and later file suit of partition for full property in the name of your grandfather, it would pressurize your uncles to arrive at amicable settlement.
Otherwise take help of relatives and elders.
Ram kumar
(Querist) 11 February 2016
the property was purchased in year 1940 at that time my fathers brothers were not even 5 year old , I think isn't it a proof of the property being ancestral .my fathers sisters have denied to take any part in the property but 1 sister stand by with my father for my father to get his part.
