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MUSTAQ (abcd)     12 December 2013

Dividing ancestral property

Dear Sir/Madam,

My name is Mustaq Ahmed and I am a muslim.

My great grandfather bought a piece of land and constructed a house in portion of that land. My grandfather is only son of my great grand father. My grand father has 7 sons and 4 daughters. During period of time my father and my uncles built another two houses in the same land. the first son of my grand father is alone staying in one house and others are living in other two houses. Right now my great grandfather, my grand father , grand mother, first son and two daughters  of my grand father are all passed away. Now my father and uncles want to divide the property among themselves. But my uncles sons, who are alone staying in one house are not ready to give share to others. There are no documents of this property.

My questions are.

1. How we need to share the property

2. How to get share in first house

3. If my uncles and father ready to leave the share in first house, can we share and register other two houses.

4. what is the process of registration.

Thanks in advance.



Learning

 1 Replies

Advocate Ravinder (Advocate/Attorney)     17 December 2013

Since your uncles and your father constructed another two houses in the same land it has become joint family property (including first house) of all members.  Infact, Your father and your uncles and aunts are all equally entitled for their shares. Since your father, ist son and two daughters have died, their children are entitled for their respective shares.  Except this share, the children cannot ask for any other share.  

 

If you do not have original documents, give a police complaint saying that the documents were lost and get it FIR.  After than apply for certified copy of the same before the sub registrar office.  You can also obtain a copy of the sale deed of the land before the Municipal authorities from where you obtained building sanction.  

If you settle amicably the matter, you can enter into partition deed.  If there is any disputes among the parties, they you have to go to the court and get is partitioned.  


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