Property dispute with no chance of mutual concensus
VPandey
(Querist) 03 May 2013
This query is : Resolved
There’s a dispute over a property between my mother and my uncle.
The property is in my grandmother and grandfather’s name which they purchased in 1998. My grandfather passed away 2 years ago without a will. My grandparents have two children ie, my mother and my uncle.
My mother and me, we stay in Mumbai, my uncle stays in Kanpur, whereas the property is in Lucknow.
We intend to get grandmother to stay with us once, the property issue gets sorted out.
1. Uncle wants the house to be divided among him and my mother, but my mother doesn’t want that as we don’t live in Lucknow and we are not on good terms with my uncle, hence it would be difficult to stay with him.
2. Mom wants the property to be sold off and the money to be divided between Mom and uncle but uncle is not agreeing to it.
3. We have also been wishing to sell of mom’s and grandmother’s portion of the property (1/2 +1/3 of the property) but we are unable to find such a buyer who would buy this portion of the property .
4. Uncle might do 'kabza' of the property in case we remain silent over the issue.
We want to end this property matter and live in peace. My mother also doesn’t wish to forgo her right to the property.
Please advice.
Devajyoti Barman
(Expert) 03 May 2013
Filing a syit for partition and injunction is the only options left.
Raj Kumar Makkad
(Expert) 04 May 2013
If mutual consent is not working then you have no other option but to file a suit for partition before the civil court.
