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Amit Kumar (ABC)     16 July 2012

Ancestral property dispute

Hello All,

        Well I will try to keep my question specific and to the point. We have ancestral property in Gopalganj, Bihar.My father had two brothers one elder and one younger to him.My father used to stay in Dhanbad initially and then got transferred to Patna. My youngest uncle used to stay nearby to our ancestral place. My eldest uncle had parted away from the property after my grand father's death . On request of my youngest uncle, my father decided not to divide the property at that time. Initially my father supported a lot in building up the house by sending money whenever my youngest uncle would demand citing reasons to construct new things in our ancestral house. Also my father got back many pieces of land which my grand father had  given to money lender to get loan. Now things started to change when responsibilites on my father started growing up and he could not give into demands made by youngest uncle.At many times,my father requested him to divide the property but he stopped talking to him and started ignoring him / his calls. Eventually,my father died in a road accident five years back and since then even I have made several requests to my uncle to divide the property but he never had shown any interests neither he is willing to do so. Infact he has done a lot of construction on the undivided land and also has started some business. Now I have three questions:- 

1. I am not aware of whereabouts of the land/ property that belongs to me as my father never had involved me in property matters. Only my youngest uncle knows about the exact property. I have some original land documents but I cannot make much from it. How to get this information ? Is there a legal way/ law which can help me to achieve this ?

2.  How to proceed legally for partition of this undivided property ? I just want my share of property. I have waited for almost five years for an out of court settlement but I don't see it happening.

3. Since I am working in Gurgaon and am the only son, from where can I file a legal case to get speedy justice?

     Please advise. 



Learning

 1 Replies

JANAK RAJ VATSA (ADVOCATE)     17 July 2012

dear amit,  you are the legal heir to the property for which you must claim your share. if convenient, you can call me up for detailed advice at gurgaon on my mobile


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