Harisha Agrawal (Student) 23 April 2010

Family property

My father has 2 younger brothers(with whom my grandmothers lives) and 1 elder brother.

Elder bother lives alone & seperately.

We(my father & his2younger brothers) live with in one building. Ground floor is for office & shop. 1st floor is occupied by two uncle with my grandma. We live in 2nd floor.

We have another ancestral property also.

these two properties are in the name of my grandfather who had expired.

we have nothing except 2nd floor.

uncles are not ready for settlement and my father's sisters are also not with our side.

so please suggest us how should we proceed to get right over the property or share of the property?

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4 Replies

Gundlapallis (Advocate) 23 April 2010

Irrespective of who ever on your side or not... if the property is from your grandfather and if he had not left any will... the property is open for partition. Your father can file a case in the court for partition and get his share by metes and bounds.

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bhagwat patil (Property due diligence 9422773303) 23 April 2010

ur father have undivided share in all movable immovable property left by ur granma left without will. enforce the right

is the shop ib partnershil firm or huf?

1 Like

adv. rajeev ( rajoo ) (practicing advocate) 23 April 2010

Your father will have to file a suit for general partition and seperate possession of his share. Even you can also file the same claiming your share in the share of your father.

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Harisha Agrawal (Student) 24 April 2010

Thanks to all of you Sir. It is around 9years have gone. We have tried for out of court settlement with the help of an arbitrator. but it is still pending. If we go to the court for partition then it will take very long time. So what should we do first?

The property is in the name of my grandfather. So, should we go for name transfer first? in whose name the property will be transfered and what is the procedure of name transfer?

Thank u all.