Partition of property
Sanil kumar
(Querist) 03 June 2014
This query is : Resolved
My Grand father passed away and in his name a house and some land is there. his wife is still alive and in the house my grand mother and on of her son is living. we are looking for a smooth partition but the person who lives in the house is not ready for the same and we decided to give hime the house and 25 cent of land rest three of the siblings will have 16 each but the uncle who stays in that house is not ready for this solution because of this we are trying to find a solution.
thanks and regards
Sanil
Kumar Doab
(Expert) 10 June 2014
It is believed that the deceased was Hindu and has not left any WILL.
You have posted that property stands in his name therefore it is believed that property is self earned.
IN such a case the as per Hindu succession laws property shall be divided equally amongst his ClassI relations………………..
• Son/Daughter
• Widow
• Mother
• Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
• Son/Daughter of a pre-deceased Daughter
• Widow of a pre-deceased son
• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
• Widow of a pre-deceased son of a predeceased son
Since one of the sons is unwilling you may try amicable settlement by involvement of elders/well wishers or approach local lawyer handling such cases/revenue matters and file for partition.
Sanil kumar
(Querist) 10 June 2014
We tried for amicable solution but it didn't workout. We need to solve this fastly hence is there and solution available