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S.Sur (Student)     12 June 2014

Can my aunt prevent partition of our ancestral property ?

Sir, My grandpa bought a land with a hkuse situated on it. After his death, it was made a joint property with my grandma,father,three other uncles and aunt(paternal aunt). Presently the condition of our house is very delapidated and wrethed and as such,is becoming inhabitable. My father along wiyh other unckes want to construct a house in the vacant portion of the plot,or want a partition. Also,we all are in no way against giving our aunt her fair share. But she is determined that neither will she let us partition it,nor build a new house. Sir, even if she is given her share, can she stop us from living a better life ; and building a better future? Please reply asap sir, and please suggest ways to handle;if any.


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 4 Replies

Kumar Doab (FIN)     12 June 2014

Since the aunt is disptruptive it is better to partition. You may approach a local lawyer dealing in such/revenue matters, along with property documents. You have posted that your grandfather purchased the property implying that is it self acquired. The lawyer shall look into your personal faith and laws e.g. Hindu, Muslim, Christian……………………..and date of opening of succession i.e. death of your grandfather and can advise you whether the aunt shall have a share or not! l

S.Sur (Student)     12 June 2014

In addition;i would also like to ask that is it possible for my father and some other uncles of mine,to construct a house within our joint land(but not exceeding our per member share(for eg. Total land is of 10 katah ! So each of d six membrs hav 1.5 katahs aproximately)). So incase 2 of us build a house within 3 katahs...without encroaching any1 else's share or depriving any1...is it posybl fr dm to bring an injunction ? Also in the wrst case;if de dnt alow us now;dn after our grandmother's demisewhen new mutation wil hav to b done;can v hav a partition even if they dnt want ?

S.Sur (Student)     12 June 2014

Kumar sir, Thank u fr ur reply. But as i pointed out; we dont mind her taking our share. In fact she is issueless but we r not botherd about whom she gives her share or so....and the worst thing is,she does not want or rather is AGAINST partition. She actly dsnt want hr brothers' families to live in peace. What can be done sir ? We just want to build a house to live or get our portion.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     26 July 2014

file case in court for partition


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