Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Vijay (Accountant)     09 May 2010

Please tell me

My father have Three Brothers, One Elder and two yunger. My grand fater was expired 9 years ago. Still we have not devided property. and the land is in the name of my Grandfather. my grandmother is still alive.   But now we want to devide the property. but How it is possible. I Heared the property would be transfer in the name of frist son of my grand father and then he devide the property to other brothers. is it possible without going to court.


 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 May 2010

After the death of your grandfather, legally the property shall have 5 equal shares. 1 share of the mother and 4 of the brothers. It is not correct that the property has to be first transferred to the eldest son. The names of all the heirs simultaneously come in the property extract. There after they can prepare a partition deed and get it registered, and thus the property can be easily divided  without going to the court.

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Mohit Attri (lawyer)     09 May 2010

yeah agree with adv archana

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mr vijay...

there is no such the law.

if your grand father dead without divide the property ,than the property will be divide equaly among your father  and there mother and  other  brothers.

and the procedure is same ,for partition make a partion deed then get it registered.

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scharlie (worker)     10 May 2010

Hi Vijay,

Acccording to law property is divided in 5 times one share is your your mother and other for 4 brothers. no rure first property transfer in elderson account.

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