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Karthik (NA)     23 August 2013

Shared ancestral property

Hi. My grandfather's house in my Andhra was co-owned by his 3 sons- my father, and his 2 brothers. My father passed away recently. Who is the rightful heir to his share and what steps should be taken by us to consolidate our  position in the property to prevent any future disputes in this case. we do not trust our father's second brother as he is known for his fraudulent and cheating character. Please help!


 5 Replies

Advocate Vishnu (Advocate)     23 August 2013

you must partition the property amongst the co - owners. your family is entitled to 1/3 of the share in the property. This is done by drafting a partition deed and registration of this deed must be done at  the local sub registrar's office by paying the appropriate stamp duty charges applicable in your state.If your uncles do not agree for an amicable family settlement, then you must file a suit for partition.

Karthik (NA)     23 August 2013

Thank you sir! We are not in possession of any document regarding the property.Will this be an issue if a petition is required?we do have a family member certificate that lists his Class 1 heirs issued by the government.

Advocate Vishnu (Advocate)     23 August 2013

It is not a problem . You can ask your uncles to partition the property and give the rightful share for your family. Once of them will be having the original parent document. You will have to quote its number when making a new partition deed and clearly explain how the partition is effected. In case you are not able to diviide the property equally, then the property can be sold and the sale proceedings can be split equally or one of the shares can buy the share of the other family. However all this will have to be properly recorded in writing as a partition deed and should be register by paying the necessary stamp duty applicable in your state to avoid any kind of future litigation.

Karthik (NA)     24 August 2013

Thank you sir. There is no intention of selling the property as of now. However, we want to safeguard our interests in the property. Hence, we are aking the necessary precautions against being cheated out of our rightful share.

Advocate Vishnu (Advocate)     24 August 2013

Then you can discuss with your uncles and draft a partition deed . This will ensure you do not lose your rights on the property.

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