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Rishad (NA)     20 November 2013

Dispute over ancestral property partition

We have an ancestral property which is currently in the name of my uncle (My Fathers brother). The same was made in my uncles name post obtaining no objection from my father and his other brothers and sisters. This was done some 20 years back as the property was in the name of our very old ancestors of whom my father and his brothers and sisters had less knowledge about. My father died ten years back and wanted to build a house on this ancestral property. The fact that he wanted to build a house is known to all my fathers brother and sisters. I am actually not aware if partition of property has taken place(I just know that it is in the name of one of my Fathers brother).

I have the following questions

1. What is the difference between making a property in someones name and Partition of the property. How can i find out if partition of the property has happened or not.

2. Do i and my brother sister have any right in the property which is currently in my uncles name knowing my father is no more and he wanted to build a house on the property, this fact being known to all his brothers and sisters(including the brother in whose name the property is in.

3. if the partition of the property has taken place(i am not aware). what rights do i have now.

4. I intend talking to my uncle(fathers brother) seeking his permission to build a house on the property which is currently in his name. What if he refuses.

Please advice. Your advice would be highly appreciated.



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 3 Replies

BAALASUBRAMANNYAMM (Advocate)     20 November 2013

You have not mentioned the descripttion of the property. Any how you have to get the government record,  on whose name,the property stands, only to establish your case. Since it is an ancestral property, you are having every right on the same. If you once see the records, we could say whether any partition was took place or not. So better to obtain the necessary records.

Rishad (NA)     20 November 2013

Thanks

Its a piece of land in my native place. From where can i get the government records. Is there any thing in online(net) where i can get this information.

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2013

If it is an ancestral property and there was no arrangement made by your ancestor and simply it is transferred to your uncle without any regd., documents then it has no value.  Your father can claim his share in that property.


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