Partition.
Sudip Sarkar
(Querist) 29 July 2010
This query is : Resolved
My grandma had 6 children. 3 sons n 3 daughters. After grandpas death, she inherited a shop and 1 piece of land of 10 kathas.My father was the second son.
Out of these properties, grandpa gave the shop to the eldest son, who later sold it off.
Of the plot, the front half of 5 kathas has our ancestral house. The later half of 5 kathas was bought by my father from my grandma before her death to which my elder uncle(Tauji) was a witnes. Since my father was a contractor, he had bought the land (i have the deed)and built a few flats and later sold them off. I live in one of these flats.
My grandma, tauji and father have expired and my Chachu (younger uncle)lives in the ancestral house. He is not willing to have a partition. My Aunts do not want a part in the property and they are ready to give that in writing.
1. Do i have a right to partition. How much can i claim?
2. Does my Chachu have any right on the land that my father bought and built flats on?
3. Do the children or husbands of my Aunts have any right to claim any part? Can they claim if any of the aunts die?
Plz advice how to make chachu to agree for partition, because the house needs repairs and chachu will not invest any money for that.
adv. rajeev ( rajoo )
(Expert) 29 July 2010
if the ancestral property was alloted to your uncle during the parition to your uncle by the grandfather then you have no right to claim the shares in that ancestral property, if not you will have a share what your father had along with your mother and brothers or sisters.
Sudip Sarkar
(Querist) 29 July 2010
thanx for the advice..
No. The property is still in my grandma's name.
What about the other half of the land? Does my uncle have aright on that? Kindly answer the other question too.
Thanx a lot.
Devajyoti Barman
(Expert) 29 July 2010
Your chachu or his children have no right over that half of the property which your father purchased and sold of after construction.
