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devendra (article)     03 July 2015

Property too small too divide

My grandfather has ancestral property 40 yards (ancestral not self acquired ) . he has only 2 sons and wife . house is on rent, no our family member is living in that house . now his younger son (my uncle) want his share as it is ancestral property . i think he will be entitled to get 1/3 share ,,, i.e. 13 yards . now my question is my uncle want that 13 yards,,,however in 13 yards he cannot live as it is too small to live instead my grandfather is willing to give another house of same value and bigger .  My uncle wants that portion in that particular house so that both portion will not remain suitable for living as it is too small. 

Now any legal remedy available for my grandfather to give him another house not that 13 yards .???



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 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     03 July 2015

Sir,

 

Let him claim partition from the court, if he don't accept what he is getting, because then the court will let your uncle undertand that he is asking for something which even the court will not apprecaite. 

 

Warm Regards

Kapil Chandna Adv

9899011450


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