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Kabeer (Sys Eng)     09 May 2011

Property partition

Bried Desc of myself and family,

My father had two wifes and  am the 2nd son of 1st  wife and i have one Elder brother,

My father died Jun-12-2001 and then my step mother died after 2 years and she left two sons who are also legal hiers-

So legal hiers are

1) myself,(16%)

2)my mom (1st wife) , (8%)

3) my elder brother (16%)

4) Second wife (passed away ) (8%)

,4 step brother I (16%)

5 Step brother II (16%)

Total 96 shares for the property per Islamic Law.

I have recieved this Legal heir certifcate from the Vaniyambadi musif court and they are the legal heirs of Property i.e Home (1600 sqft) which is located in vaniyambadi (town) .first  wife and famiily i.e myself & my elder didnt lived with my father..but my mom was not diverced...anyways ...i have filed a Suit for Partition @ vaniyambadi sub divion court @ Apr -10-2009 and it has just came for first hearing..we have desperate need of home and i want to partion as soon as possible.

As per Islamic law my grand mother also has share of 16% on the per and she also passed away  in 2003 after my father and now there are 6 legal heirs of my grand mother so theoratical speaking they are legal heir for 276 SQFT of the area.undivisible partition

My step brothers are sticking to get the property partitioned.and now my uncles (grandma legal heirs ) are ready to sell thier 16% share to me for some good amount..and am ready to buy..

I need suggesion that can i purchase the grandma share by paying the legal heirs which makes me 60% owner of that home.and i wish to do the partion of that 60% then 

My question is can i buy the share while suit of partition is going on and try for settelement ..or do i need to get the permission from court for purchasing the shares..

 

Please suggess

Please provide me your number if u can adivce on phone..

Thank you in advance


 



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