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Pawan Kumar   08 December 2018

Partition of Property under Lal Lakir

My father were 4 brothers n 1 sister. The whole property was allocated to my Grandfather. the whole house is having the 3 portions .one with us and other Two are with my cha-cha ji and one my Taya ji. where as one of my Taya ji was not residing here with us so no share is given to him. Now my Chacha ji has transfer his property to one of his son name out of his 3 sons. We are 3 brothers and sisters and my one Taya ji who is residing with us has only two daughters who are married now. Now my query is in this House under LAL Lakir , is there any requirement of property partition deed ?? If yes then how my Chacha ji has transfered his portion to his son's name without the consent of other brothers ?? If No , then what about the share of my Elder Taya ji and Bua ji as they are the legle heirs of this property ?? If they are not claiming for their share then how I can help them to get their share in property ?? Till now only one transfer is made
My elder Taya ji , my younger Taya ji and my father are not alive now.


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 3 Replies

Siddharth Srivastava (Advocate)     08 December 2018

it is better to have property partitioned to avoid future conflict and dispute. your cha-cha does not require consent of others for transferring his share. consult

Pawan Kumar   08 December 2018

Thanks for the reply , this is true that he can transfer his share to his son. but there were 5 legal heirs of this property and no mutual partition deed is there. So my query that he has taken more than his share and transfer the same to his son. As the my elder Taya ji is no more alive but his daughter and sons are there . Can they file the suite to challenge his share

Pawan Kumar   08 December 2018

There were 5 legal heirs including my Bua ji. But site plan is showing 3 partitions. So what action we can take to correct that

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