Hereditary property
veena
(Querist) 27 August 2013
This query is : Resolved
dear sir/madam,
we have a property in our village which is a hereditary. one of my dad brother had constructed a house in that place and still lot of place to available. in case we want a right in that place what should we do. should we require the approval of all my uncles and his family. pls advice on this.
Dr. Jyothi Vishwanath
(Expert) 28 August 2013
Since the property is hereditary, all uncles have right in it along with your father. Consent of all uncles is must. Initially, it is better to discuss about division of rights in the property. Legal action can be taken at a later stage.
M V Gupta
(Expert) 28 August 2013
Better have a partition of the property before constructing the house. otherwise any construction in the absence of any written agreement will be regarded as HUF property. In fact the construction done by your uncle will be regarded as HUF since it was constructed when the family is together.
malipeddi jaggarao
(Expert) 30 August 2013
Agreed with Mr.Gupta. First of all know your rights on the property. Second obtain consent for construction. Third ask for partition if necessary. What is in your mind to say the property is hereditary is not clear.
