NRI - ancestor property
Querist :
Anonymous
(Querist) 31 March 2011
This query is : Resolved
My NRI uncle(chahca)wants partition of ancestor residence property.There is not any specific prof(paper), that shows the owner of this disputed house is my grandfather(and my father die on 1975), my uncle hav just a letter that shows his father(my grand father) is the owner.But i hav only electricity bill on the name of my father since 1948, before 1948 there is not any record of electricity becaz my fahter made this house.
But i m very true person, i never speak lie, thats why will be agree with him that this disputer home is belong to my grand father.
Now he go to NRI police station and logged a complaint and want his part.
So plz tell me,
Is it possible the partition of residence home????
I m not ready for partition, he force me to do it,
So plz tell me, what happend in the partition of home.
House is under my possession.
Thanks
M.Sheik Mohammed Ali
(Expert) 31 March 2011
where is your property located and now who is occupying the property, give the details
R.Ramachandran
(Expert) 31 March 2011
Dear Anonymous,
You say that you will agree that the disputed home belongs to your grand father and you would be willing for partition of the same. If this was known to your NRI uncle, then what was the necessity for him to approach the police station? In any case, NRI police or local police has nothing to do with the question of partition. If at all, your Uncle has to approach the Court of law with suitable documents seeking partition.
Whether it is residential property or other property, the same can be partitioned. You have to make up your mind whether to agree for partition or to contest your uncle's claim. Both are possible. In case of need, you can always approach any of the experts in this site.
Devajyoti Barman
(Expert) 31 March 2011
The onus of proof to show the ancestral nature of the property lies upon the person who asks for the partition. So if you are confident that the house is not ancestral or he has no share in it then do not worry. His suit would fail for lack of proof.
