inherit property partition
suyash
(Querist) 04 November 2010
This query is : Resolved
sir i have a land which is in name of my grand father i want my part from that land. my grand father and father has dead and now that land is in name of my all uncles and father.can i extract my separate account if yes please suggest me the shortest way?
R.Ramachandran
(Expert) 04 November 2010
I presume your father might have died after 1956. I also presume that your father has not left any WILL.
In that case, the property that will fall to your father's share will have to go to all his Class-I heirs equally i.e. your mother, your brothers and sisters.
You can ask your uncles to first make a partition; thereafter all the legal heirs of your father have to effect a partition. In case your uncle does not agree to make a partition then you have to file a suit for partition.
adv. rajeev ( rajoo )
(Expert) 04 November 2010
If your uncles are not ready to give you the share then file a suit for partition and seperate possession of your share in the share of your father's
Sri Vijayan.A
(Expert) 05 November 2010
Dear Suyash, Pl. give full details, then only one can undedrrstand the situation and opine on the matter.
HOWEVER, Mr.RR has explained all the things/ facts clearly.
suyash
(Querist) 06 November 2010
Thank you to all experts!!
suyash
(Querist) 06 November 2010
@ sri vijyan.A-- sir, my father has died in 1995.now this land is in name of my 4 uncles and my father.my 2 uncles are agree for partition but others are not agree.
@RR--sir, Is partition possible with the consent of only my 2 uncles and me??
If i have to file a suit what will be the exact procedure kindly tell me??
R.Ramachandran
(Expert) 06 November 2010
First you have to give a legal notice on all your uncles calling upon them to effect the partition within such and such time. If they fail to do so, then you have to file a suit for partition in the appropriate court. For this you have to approach a lawyer in locality.
suyash
(Querist) 06 November 2010
ok. thank you so much sir...
barun deka
(Expert) 07 November 2010
firstly, if all the heirs agree to the partition, all of you can execute a partnership deed. with that deed apply before the DC (might also be some other officer depending on the local land laws) and intiate a PP (Perfect Partition) case.
Secondly, if the heirs do not agree to such amicable partition, institute a partition suit before a civil court and array all the heirs as defendants. Here after hearing (if u succeed), the court will draw a preliminary decree for partition and direct the Circle Officer or whoever to submit a report after drawing a map partitioning the land (metes and bounds). if the report is accepted, the court will draw the final decree of partition.
The second way will be time-consuming.
suyash
(Querist) 11 November 2010
thank you sir.
sir i have another land which is in name of 21 persons(i am included)i don't know all that persons. can i extract my separate account?In this land 3 acre is in my possession from 12 years.
