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Raj (Trainee)     29 May 2013

Family property


I am based out of Kolkata and the properties in context are in Dhanbad. This both a case of partition and of dispute. We have ancestral property co-owned by my late grandfather and his brothers. By an unwritten amicable partition in 1985 the properties owned by my grandfather were - a part of a land (which is illegally occuied by tenants; other part is owned by his other brothers), two shops (one of which was sold by my father's brother (hence on as 'uncle') in 1985 and reaped by him in his business and the other's rent collected by him since 1985) and an ancestral home which is resided by my uncle's family and they have built further on the property since.

My father has not got any benefits from his ancestral property ever since. We have been demanding our share of the properties from my uncle for past few years but he has refused. In the interim he had paid my father a below par amount without any records as a settlement. My father received only on pressure form other family members. How can we get my uncle to come to settle legally?

Can we claim rental incomes he has received from the one remaining shop for more than 20 years?

How to fairly value a house which has been remodeled by expenses incurred by my uncle without my father's consent?

Can we have proceedings in Kolkata courts even if property in in Dhanbad or will the case be transfered to Dhanbad anyways on my uncle's plea?

Sorry if there were too many details in this as I wanted the problem to be clear.


 3 Replies

Advocate Rohit (Advocate)     29 May 2013

you need to file a partition suit in the district court at Dhanbad. since the property is in Danbad and the cause of action arosed there.



Advocate Rohit Dalmia



1 Like

Raj (Trainee)     29 May 2013

Thank you rohit sir for the reply.

I also needed to know about the other issues like how to value a remodeled house and hence realize our share. And can we claim rentals we did not get over a period of 20 years that we should have got? 

prakharved (Medical officer)     27 June 2013



Since it is an ancestral property it shall be divided as per the Law between all the legal heirs. Your uncle has been wrong having controlled the property for so long with out the consent of your father. The money given to your father with out any registered agreement is not valid. Neither is his contl on the ancestral property.


I would suggest you to get in contact with an experienced property lawyer. You can get all your doubts cleared using www.lawkonect.comHere you can write down your query in detail and a property lawyer would give a written reply to your query. You would be informed about the the relevant laws that you need to take into consideration and you will also be described the options available to you in your present situation. At the lawyers would guid you with the possibilities that you have before you.



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