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Transfer of property

(Querist) 26 April 2017 This query is : Resolved 
My father and mother passed away in 2007 and 2009 respectively i want to reconstruct my ancestral house as no will is beimg left by my father my younger brother is creating issue he is nit coming forward for discussion regarding partition.as structure of house is very old atleast 70 years ,bricks are being falling ,what i can do to renovate my portion please guide i want only my portion that is half to renovate please guide what can be done
Kumar Doab (Expert) 26 April 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab (Expert) 26 April 2017
1st of all confirm who was owner of the house: Father or Mother.


If Father, then property in the hands of father was self acquired or ancestral?
Property from mother’s side is not ancestral.


If the house is ancestral then there might be other Co-sharers also, in addition to your brother.
Rajkumar Tiwari (Expert) 28 April 2017
I'm assuming that you all are Hindu and the property is belonging to your Father. In this case you can file the partition suit in the Civil court in whose jurisdiction property is situated.

Take help and guidence of the local lawyer.
Guest (Expert) 28 April 2017
Renovation is secondary issue. At first make sure through settlement between the legal heirs how much of property and which part should belong to you on inheritance as per the provisions property laws.
Kumar Doab (Expert) 28 April 2017
Try again and your level best even if with active support of elders of the family: for amicable settlement and partition.


If amicable partition is not possible then approach court as suggested.
Rajendra K Goyal (Expert) 30 April 2017
Try for amicable settlement, if not possible file case for partition.


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