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jyotsna (PA)     09 June 2014

Documents and process for applying paternal property

My father  and we are the native of Uttrakhand, Pauri Garhwal, My grandfather had three sons, one of them is my father, he is 84 years old my grandfather already divided property at village at their name.  My father is having his own  Kisan Bahi .  Now my fathers elder brother and younger brother is no more and he is the sole owner.  Due to some circumstances my fathers elder brother did not divide property.  His younger brother who is no more now already made home at village some 25 years ago and his two son and wife is residing there.    My father has four children i.e three daughter( all are married) and one son who lives with my parents at Delhi.  My fathers elder brother  who is also no more has also got 4 sons and two daughter and they lives at Dehradun.  Now the situation is when we go to our village the children of younger brother did not allow us to get the land there and as well as not allowing us to build our house.  Please tell us the procedure and document to be submitted  to do the needful. as early as possible.  Can I request the Tehsildar to see the matter for dividing the property.    



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 2 Replies

Sunil S Nair (lawyer)     10 June 2014

Yes you can ask the respected Tehsildar with written application and conserned documents of the property to interven and make proper arrangements without seeing documents advising in property matters may create problem for you the best is to see a local lawyer who can carry all respected actions in favour of you 

Arvind Singh Chauhan (advocate)     10 June 2014

At first inquire the revenue papers and respective shares therein.

Division of property as  family settlement is not a legal division.

If In revenue record shares has been mentioned and your are not allowed to take possession of your share then you have to adopt another procedure, Otherwise you may ask for the legal division of property under Sec 176 U.P.Z.A.LR Act. Just consult with local lawyer.


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