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adipadi   23 August 2016

Partition suit

Honoured legal brethren ,

We belong to hindu family .

My  grandfather expired in 1995 leaving his SELF EARNED property with NO WILL .My father expired in 2010 and grandmother in 2012.

Now we want to claim our father's rights in my grandfather's property. We have collected VAMSHA VRUKSHA  (family tree) and SURVIVOR member certificate .There are altogether 9 SHARE HOLDERS

It seems that the ammicable settlement with in  family is distant dream .MY question is 

  1. If i go through court ,apart from the share , can i claim the rent share from those heirs who already are staying and enjoying the property .I have power of attorney for my father's share from my mother and sisters
  2. My grand mother had some jewellery of her .can we claim our rights on that as well , if yes how ?.There is no proof to prove in the court about jewellery
  3. How long will it take in the court to settle . I heard that it will take some 3-4 yrs minimum .The reason i am asking this is that some of the heirs are aged and ill,their life is uncertain 
  4. I heard that
    "If it is a dwelling house, you shall have to offer to sell your share to all the other co-owners at the same price which you are getting from the third party and if they refuse to buy the same, you can sell it to the third party."
    Is this correct?

Thank you

with regards

 

 



 4 Replies

Kumar Doab (FIN)     23 August 2016

I shall not be commnting on what you have heard or told.

It is self acquired property.

The succession opens on date of death.

Submit the death certificates, legal heir certificate/affidavit or other certificates mentioned by you to revenue  office/official for updation of inheritance in mutation records.

 

This should grant right to each Co-sharer as that of owner, since the matter is of inheritance.

For rest you may consult with a very able counsel specializing in revenue matters. 

Kumar Doab (FIN)     23 August 2016

The query has also been discussed at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136941&offset=1

 

 

adipadi   23 August 2016

thank you sir for the reply
If i contest in the court ,approx how much time it will take as i mentioned in my query

Kumar Doab (FIN)     23 August 2016

As it is mentioned in reply: 'For rest you may consult with a very able counsel specializing in revenue matters. '

  


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