Property partition


Hi,

 
 My father expired 25 years back and I am 30 years now. My father encesteral property is 2 acres and till now my father's brother is taking care of it and he has not helped us in any way till now. When we ask for our share now he is telling to take why do you need property. 
He has taken 3 acres of land on his wife name and 3 acre land in his son name but not ready to give any property to us. 
 
How can we proceed on this? 
 
 
Thanks,
 Chandan
 
Reply   
 
Retired employee.

Several facts are to be probed, and contact a competent advocate as immediately as possible for proper remedy to file a partition suit.

 
Reply   
 


Lawyer

Consult and engage a local lawyer for proper appreciation of facts and documents, guidance and proceeding for partition of the ancestral property.

 
Reply   
 
FIN

It is believed that you are all Hindu.

Have you checked the property is ancestral or it was self acquired in the hands of your father?

The property is in which state?

Is it agricultural land?

Confirm!

 
Reply   
 
FIN

 

Obtain mutation records with all link docs from O/o Authority under whose jurisdiction property falls.

 

If your father has not left any valid WILL then it is simple matter of inheritance; ‘Intestate Succession’.

The forms/procedure/process for such matters is available in O/o Authority under whose jurisdiction property falls e.g; MC and you may get in touch with concerned officer/official for transfer of property by inheritance say; Patwaari.

 

Death certificate, Legal heir certificate (of affidavit per local precedence’s may be accepted) are basic requirements………….

 
Reply   
 
FIN

The ClassI legal heir of deceased Hindu male have 1st right for equal share i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………….. Thus if the property in the hands of your father was self acquired and he did not dispose it in his life by a valid/registered deed in anyone’s favor e.g; release/transfer /relinquishment/gift/sale….WILL then it shall devolve upon ClassI legal heirs of your father…………….. And since your uncle (Father’s Brother) is not ClassI legal heir of your deceased father, he has NO say in it. Complete the procedure and get the ownership of property mutated in the names of ClassI legal heirs, by inheritance. If the property is ancestral in nature your father’s share shall devolve upon his ClassI legal heirs……….
 
Reply   
 
FIN

Try for amicable partition by boundaries and if required involve elders of the family and register the family settlement/partition deed.

 

If all efforts have failed then you may approach a very able senior counsel of unshakable repute and integrity specializing in revenue/civil matters having successful track record and proceed further under expert guidance of your counsel for partition of the property by boundaries and claim mense profits.

 
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