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Rajiv Agarwal (Businessman)     22 March 2011

Property Dispute and Partition Procedure

Hello, My name is Rajiv and I wanted help on my ancestral property.

My Grand Father & his brother had purchased a residential property. My Grand father has one son (my father) and my grand father's brother has 2 sons (my uncles). The property is in the name of my Grand Father & Grand Father's Brother.

Both my grand parents (Grand Father & Grand Mother) have expired and my Grand Father's Brother also expired. My father expired 25 years back and my mother expired 1 year back. My  both uncles are alive and have 1 son each. 

How shall I partition the property ? According to me the property shall be divided into 50:50 in the name of my grand father & my grand father's brother. How can I  partition the 50% property in my name ???



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 March 2011

You are right>  If your uncles are agree then partition deed can be exeucted and it can be regd.,   If they are not then except filing suit for general partitiion and sepertate possession for the 50% share your mother is also enittle for the share in your fahter's share and if you have other brother and sisters they are also.

1 Like

madhusudhan (Student)     22 March 2011

Hello, even daughter can get share in coparcener property partition after 2005 amendments right,

what if partition had taken place in the year 2000  for son's , Can daughter chanllenge the partition now and get share in that property?

Rajiv Agarwal (Businessman)     22 March 2011

Thanks alot Rajeev Sir for your reply.

The present situation is that my both uncles (grand father's brother's sons) are not willing to settle the matter. They are asking for 33% share each (33% each for both uncles & 33% mine). Which is not a valid point. However my own sisters are ready to give NOC on the property for not having their share in this property & I am the 1 son of my parents. I want to clarify that Am I eligible for 50% share of the property directly in my name?? If yes what steps shall i take to get the same as my uncles and their family are not willing to settle the property.


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