Division of Ancestral property in legal heirs
SurYansh Mishra
(Querist) 15 October 2017
This query is : Resolved
Hello Sir,
My Grandfather has 2 sons and 2 daughter's, he died in may 2008 and from that time the matter of division of Ancestral property is pending within family decision due to mutual benefit and other decisions. My father being the elder son of the Grandfather had asked my uncle several times to cooperate and do the division and let both get their amount of share. but the problem is My uncle is not ready to divide the property.
My father has also asked third party relatives to convince him but my uncle is stubborn and not accepting the division of the property.
*After some months ago My father has filed a suit for division of Ancestral property in the SDM court for legal division and marking of Property. But the Court is also taking a long time the lawyer is saying that the case is new let it become an old one till than Relax.
Please Guide me What could be done in the above scenario If my Uncle dosent accepts for division of Ancestral property, and if he dosent presents on the date of Argument what will be the Proceedings?
Vijay Raj Mahajan
(Expert) 15 October 2017
Civil cases take long years to finalize, now after filling suit for partition of property you have to wait.
Not only two sons but two daughters of the grandfather will be getting share in the disputed property.
Rajendra K Goyal
(Expert) 15 October 2017
Registered partition deed through amicable settlement is best solution.
Court cases take time and is costly avenue.
P. Venu
(Expert) 16 October 2017
Why SDM Court, and not a civil court?
SHIRISH PAWAR, 7738990900
(Expert) 16 October 2017
Court will issue notice to your uncle and court will ask for W.S. (his say to the application) and after considering the case of your uncle court will given partition judgement. If your uncle remain absent court will proceed without your uncle's W.S. and pass the necessary order for partition.
