Family Partition - Property
Harisha Agrawal
(Querist) 23 April 2010
This query is : Resolved
My father has 2 younger brothers(with whom my grandmothers lives) and 1 elder brother.
Elder bother lives alone & seperately.
We(my father & his2younger brothers) live with in one building. Ground floor is for office & shop. 1st floor is occupied by two uncle with my grandma. We live in 2nd floor.
We have another ancestral property also.
these two properties are in the name of my grandfather who had expired.
we have nothing except 2nd floor.
uncles are not ready for settlement and my father's sisters are also not with our side.
so please suggest us how should we proceed to get right over the property or share of the property?
adv. rajeev ( rajoo )
(Expert) 23 April 2010
your father can get the relief by filing suit for general partition and seperate possession
Raj Kumar Makkad
(Expert) 23 April 2010
There is no solution except to seek partition and separate possession in both the properties through civil court. File a case after obtaining title record and death certificate of your grandpa.
Sachin Bhatia
(Expert) 23 April 2010
File a suit for partition and seperate possession.
Uma parameswaran
(Expert) 23 April 2010
I am also supporting the suggestions given by L.friends.
Harisha Agrawal
(Querist) 24 April 2010
Thanks to all of you Sir. It is around 9years have gone. We have tried for out of court settlement with the help of an arbitrator. but it is still pending. If we go to the court for partition then it will take very long time. So what should we do first?
The property is in the name of my grandfather. So, should we go for name transfer first? in whose name the property will be transfered and what is the procedure of name transfer?
Thank u all.
