SHILPA HATTI (Advocate) 05 January 2014

Partition

Hi,

If grand father's property is not been divided and if grand father is not alive and has died intestate...can now the son of that grandfather wants to claim share in the property...? At the same time what if the property is under the possession of that grandfather's brother. Do they claim their share as welll?

Please let me know about it and also i want to know what all documents do you need for this purpose

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2 Replies

Laxmi Kant Joshi (Advocate ) 05 January 2014

First of all the legal heirs of your grandfather means their wife , sons , daughters have to file for legal heirness certificate in the tehsildars court of your area and after getting the certificate continue to further procedure to enter their name in the property as per their share .

adv.raghavan (Advocate,9444674980) 05 January 2014

If the grand father properties are ancestor or self earned, proper partition should have taken place. If no partition had taken place u have to go for partition suit first, In spite of that if the brother is holding share of his brothers also it is illegal, The son can file a suit for recovery of property and suit for mesne profits. for this the son should collect all the revenue records pertaining to that property.