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Gunjan vij   12 April 2021

property

property is in the name of my grandfather he had 2 sons both are expired. Property papers are with cousin brother . He has 3 daughters and my real brother has only son. If we do not transfer the property in my brother's and cousin's name than property is divided among 1 son and 3 daughters equally (25%)or half property(50%) to 1 son and half (50 %)to 3 daughters .


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 4 Replies

Sankaranarayanan (Advocate)     13 April 2021

How the paper goes in the hands of Cousin brother ? What is your role?

G.L.N. Prasad (Retired employee.)     13 April 2021

The grandfather's children and his wife are entitled to equal shares.  Merely because someone in the co-sharer is having title deeds, he can not become the absolute owner and he is a Trustee for him and for all others.  The possession is for all the undivided members in the family. . There are several aspects to be considered and established like possession, mutation records, tax paid receipts, the fact that the property was not divided into metes and bounds etc.  Contact a local advocate, discuss the facts, show those documents required and get a notice issued to the co-sharer.

Real Soul.... (LEGAL)     13 April 2021

The property shall be divided equally between the Legal heirs of both the  ( Expired)  sons, just file for partition

Dr. J C Vashista (Advocate and Legal Consultant)     14 April 2021

Get surviving membership certificate from area sub-division magistrate for inheritance of property left by deceased.


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