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Baaji   06 February 2017

How to obtain property partition document

Sir / madam

My grand father bought a house ... he divided it into two parts one to my father and other to my uncle by an aggrement..but it was not registered...

My father died intestate...later on my younger brother came out with a will and saying that it was written by my grandfather and claiming my fathers share.

But i am of the doubt that after distributing his property to my father and uncle why shall my grandfather will write a will on my youngerbrothers name? My uncles registered his share  by a will to his son before my uncles death,, that means its clear that my grandfather had shared his property to my uncle and my dad.

When i am asking my uncles family about that partition agreement deed ,they are refusing to give and more over while writing a will on his share to his son my uncle had registered some more land which really belongs to my fathers share as said by elderly people... so they are refusing to give.

So if they are not providing me the partition agrement between my uncle and my dad, it means that property is undivided and my grand father is the absolute owner for that entire property[ to both my father and my uncles shares]..then by virtue of a will as said by my younger brother if my father share goes infavour of him... and for remaing property there is no will by my grandfather ..so can i be eligible to claim share in that property... ?

If i do so ,i am of the opinion that my uncles family will come out with that partition agrement ....

please give your valuable suggestion how to get that partition agrement from them ?and also what are the ways by which i can get my uncles registered will{my uncle is dead}... please help me



Learning

 1 Replies

Kumar Doab (FIN)     06 February 2017

It is believed that you all, are Hindu.\, and property of owner is self acquired.

Confirm.

The unregistered Partition Deed may not be tenable as evidence.

REGISTRATION ACT, 1908; 17,49

https://dolr.nic.in/acts&rules/registrationact(1908).htm

The WILL that is being flaunted should be valid and is to be acted upon.

You can contest the WILL and decline to sign any NOC if you are doubtful.

The property that is not disposed by a valid and acted upon WILL is to be shared equally by all ClassI legal heirs.

Your father share shall devolve upon his ClassI legal heirs i.e; Mother, Wife, Sons, Daughters…………  

 


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