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Bikas Roy   02 June 2023

Brother grabbing ancestral property

Three-storeyed ancestral property, in father's name,father expired, no will left. My mother and we three siblings are stakeholders .My brother has grabbed the entire ground floor (with pet dogs).My mother is staying at first floor. We all are senior citizens with health issues ( difficult) to climb up/ down to second floor,and we all prefer to stay at ground floor . How to resolve? Thanks for your kind advice. Regards



 5 Replies

Real Soul.... (LEGAL)     02 June 2023

Why don' you file suit for partition , that is the only way to settle this issue.

1 Like

T. Kalaiselvan, Advocate (Advocate)     02 June 2023

You can file a suit for partition to divide the entire property by metes and bounds.

If the court finds that the property is indivisible then it may bring the property for sale and distribute the sale proceeds among all shareholders.

1 Like

Dr. J C Vashista (Advocate and Legal Consultant)     03 June 2023

I agree with experts, file a suit for partition and possession with permanent injunction through a local prudent lawyer.

1 Like

Bikas Roy   03 June 2023

Thanks. Partition suit possible in West Bengal for lease-hold property?

Dr. J C Vashista (Advocate and Legal Consultant)     04 June 2023

In original post you have concealed the fact that subject property is "leasehold", which has come up now.

However, even leasehold can be partitioned impleading lessor and successors of lesee.

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