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Vivek (Accounts and Admin Assistant)     31 August 2014

Dispute on division of ancestral property

Dear Team,

I need your guidance related to dispute on ancestral property. 70 years back, my grandfather build house on an open land near to the bank of a river in Maharashtra after few decades in rumours he came to know that the land belongs to municipal corporation and it is illegal encroachment but no one came nor even the municipal corporation send any notice to the residents.

Now that place has been converted into quite big town. My query is related to division of that property among three sons of my grandfather. Is it possible to do so? If it is, I request you to  please suggest reasonable steps, because all my 2 uncles have built their own big houses on this land taking their share by their own and left very small place for us.

My father is elder among the three and our financial condition is not so sound to built proper house at such conjested place. My father tried several times to get the share peacefully by  peaceful discussions but they are not ready to agree and showing threat that they will take share in our land also by intervention of court. We are looking for advise if we can do anything to overcome this situation. Please help me resolve this? I would be grateful for your kind replies soon.

 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 August 2014

You do one thing, you file a case against your father and your uncles seeking partition in that property

Kumar Doab (FIN)     31 August 2014

In case the land is not owned /not regularized then how can anyone partition it thru court of law.

Is there any mutation record in local govt. office? 

If yes acquire it.

Some record of clear ownership/inheritance is required. 

A local lawyer dealing in such/property/civil matters can help you.

If the land belongs to your grandfather then certainly it can be equally partitioned between legal heir.


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