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Dhirender Wadhwa   31 July 2014 at 18:45

How to partition

Dear sir,

My case ... help needed

I and my mother live in a ancestral house and are in some bad financial conditions. We want to sell the house now worth 11 lakhs, but are facing problem..

FACTS:
1. Land was purchased by grandfather in 1957 , house built in 1967 and is still in his name.
2. He died in 1988 without will leaving behind 5 daughters and 3 sons. All lived in the said house.
3. The daughters (my bua) are married, alive and living in different cities. The three sons (tauji, my father and chacha) passed away in 1995, 2002, 2008. Only my father had one son.
4. As of today, I my wife, children and widow mother live in said house. Due to financial conditions, we want to sell the house..
5. Buyers are asking for signatures of 5 daughters (buas), my mother and I or a vaarisaan (succession letter) in our favour.

PROBLEM : the daughters deny to sign on sale deed or do any partiion

Ques :
1. As the owner (my Grandfather) died in 1988, do his daughters (my bua) have any right in the house.
2. If they do have right, can we get the house (our share of it) sold somehow or get our share of its value even when they refuse to do so willingly.
3. Will our share be 1/7 for my mother and 1/7 for me.

PLEASE HELP


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