Property Dispute

Querist : Anonymous (Querist) 17 May 2010 This query is : Resolved
My grandfather had purchased land , the funding of land and construction over same is done by my father and grand father .
My grand father had 3 sons . After construction he handed over ground floor to my father . Since 1973 we are residing there . My grandfather expired in 1973 , leaving behind grandmother and 3 sons.
The propery was never transfered to any one after his death . My father expired in 1994 and grandmother in 1999 , and one of my uncle expired in 2004 . The property still stands in grandfather name .
Now my uncle and aunt has applied for there share in Estate office to tune of 35% and 35% each and ours 30% , on ground that after death of my father the share again split in our family and my grandmother .

We have renovated the groundfloor , and my other uncles family is getting rent for 1st floor alternative months.

pls advice is our family share is only 30% .What is provision of oral partion alraedy happened 40 yrs back and till date no one had claimed any thing .

Is oral mutation happened in 1972 valid , as no one has claimed any thing after that, now start claiming that earlier partion not correct.

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Ashok Yadav (Expert) 18 May 2010
It will be very difficult to prove an oral partition which was made in 1972. As per given facts share of your family is 1/3 in the property.

senkottayan (Expert) 18 May 2010
it's too hard to prove the oral partition was made in 1972 when ur grand father is no more now.. i am of opinion that your family's share ( ur father's share) in the property is 1/3rd.