Property dispute
Siva
(Querist) 02 December 2014
This query is : Resolved
Dear Sir,
My Grandfather has 2 sons and 3 daughters, he acquired land by his own resources and he passed away without writing any Will. Daughters are married and well settled. My father is elder son of my grandfather, my uncle (second son of my grandfather) refused to divide the property and don't want to share said property to my father causing that he is looking after all the welfare of the property. He enjoys the earning from the property and not sharing with my father.
Please suggest how can we approach for getting share of property.
ajay sethi
(Expert) 02 December 2014
issue legal notice to uncle and file suit for partition to claim 1/5th share in property . also seek an injunction restraining uncle from creating any third party rights on the property
Anirudh
(Expert) 02 December 2014
Very well advised by Mr. Ajay Sethi. In case your uncle does not agree for partition within the period mentioned in the legal notice, your father has to file a suit for partition. Your father, since he does not appear to be in possession of the property, has to pay court fee while filing the suit for partition. Better consult a local lawyer and take the matter forward. Your aunt's are also entitled to their respective 1/5th share (whether they are married or unmarried does not affect their right.)
Sailesh Kumar Shah
(Expert) 02 December 2014
you should proceed as advised above by the learned experts.
R.K Nanda
(Expert) 02 December 2014
no more to add.
Rajendra K Goyal
(Expert) 02 December 2014
Your father should file case for partition.
