problem in dividing the property
taarzaan
(Querist) 27 January 2015
This query is : Resolved
Hi .. I ll be grateful if I get some good suggestions in dividing the land with my brothers. The land is registered on My grand father.My father have 2 sons and his brother have 2 sons... So totally we are 4 grandsons to our grand father. In that 3 of us including me are willing to divide the land among us.. But 1 is hesitating to divide the land and delaying to divide thinking that his daughters may claim the land on his share. Is there any means to divide the land between us equally asap..
Dr J C Vashista
(Expert) 28 January 2015
How the daughters can be excluded from partition of ancestral property?
File suit for partition amongst all coparceners.
taarzaan
(Querist) 28 January 2015
They are his first wife's daughters.. He is having a son with his second wife.. So if we divide the land the daughters of first wife will ask him share.. Thinking of this he is not willing to cooperate with us to divide the land.. But we 3 bros are willing to divide.. What can we do to divide it without his willingness...
Rajendra K Goyal
(Expert) 28 January 2015
Daughters of the first wife also have share in the property, they can not be ignored.
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
First of all, if it is your grandfather's self acquired property and then the intestate properties devolved upon your father and his brother equally, the properties will remain divided into two equal shares, and out of that one share allotted to your father, if he is alive, he can execute a gift deed or settlement deed in you and your brother's favor, then only you will be entitled to a share in the property. this is the similar case with your paternal uncle's family too. So yo may clarify the details and get proper opinion or else whatever opinion you will be getting here will differ to the prevailing circumstances at your end and you will stand misguided. Alternately take the guidance of a local prudent lawyer on the issue.
