Lavika (HR Executive) 19 April 2016

Need help regarding property dispute

Hi All,

I need guidance on below mentioned issue.

My grandfather died natural death without making any will.He had been married twice due to death of first wife.Total children from both marriage are 6. as 3 are from first marriage and 3 from another.He had two homes.So when the children of first marriage got married my grandfather shifted to another house with his wife and three children.Verbally he gave one house to children from first marriage and another house to second wife.Everything was done verbally.Now he died in 2005.

After that children from second marriage has started pressurizing the first children to sell their house as one house is having more value in market than their home being in a commercial area.Both party children are living in allocated houses from past 30 years but now they want partition and forcing us to sell our home or give them some money.We dont have property papers as they retained the original copy because grandfather was living with second family.we just have xerox of registry of our home where owner is my Grandfather.moreover they now dont come for discussion and threating us to go legal.

please guide me how we can pursue for legal suit if we are eligible.Your reply will be highly appreciable.

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4 Replies

saravanan s (legal advisor) 19 April 2016

The verbal settlement you are talking about doesn't have any value and since your grandfather had died intestate all his legal heirs are entitled for equal share in all his properties.if possible work out a family partition and solve the issue amicably

Kumar Doab (FIN) 19 April 2016

The onus of proving the Oral Partition shall fall upon you.

Your stay in property of more value is the bone of contention.

Inheritance/share does not vanish with time.

They can seek partition if amicable family settlement (registered) is not possible.

Court shall partition and in each property each child shall get 1/7th share if mother of deceased father is also not alive.

If you are unwilling to sell then if contruction is possible invite them to contstruct one portion (equal) for them or pay them their share and get your share from property they are occupying.

adv.bharat @ PUNE (Lawyer) 28 May 2016

oral commitment have no value in front of law.

It si better to solve matter in family .

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 11 October 2016

KINDLY NOTE THAT.

1. CIVIL SUIT FOR PARTITION OF PROPERTY MAY BE FILED BEFORE CIVIL COURTS.

2. YOU DO NOT GET AFRAID OF THREATS BY OTHER SIDE TO TAKE LEGAL STEPS.AS WHOEVER FILES A SUIT FOR PARTITION OF PROPERTY HE HAS TO PAY COURT FEE STAMPS AS PER LAW PROVISIONS.THEY MAY NOT BE READY TO PAY COURT FEE AND HENCE THEY ARE THREATENING YOU.

3. YOU NEED NOT WORRY LET THEM FILE SUIT FOR PARTITION. AND LET COURT DECIDE. THEY HAVE TO PROVE THEIR ALL CLAIMS WITH DOCUMETARY EVIDENCE AND YOU WILL GET COPIES OF ALL DOCUMENTS WHICH YOU DO NOT HAVE.

4. COURT WILL DIVIDE PROPERTY AS PER LAW PROVISIONS BUT IT MAY TAKE LONG TIME , SOME YEARS AND HEAVY FINANCIAL EXPENSES. SO JUST WAIT AND TAKE PROPER STEPS IF ANY SUIT IS FILED BY OTHER SIDE.

5. YOU HAVE POSSESSION OF SAID PROPERTY FOR MORE THAN 30 YEARS AND HENCE YOU ARE ALSO ENTITLED FOR LEGAL RIGHTS WITH REGARDS TO OTHER LAW PROVISIONS.

6.KINDLY DO NOT VISIT THE PLACE OF OTHER SIDE AS THERE ARE CHANCES OF FILING FALSE CRIMINAL CASES TO PRESSURISE YOU. PLEASE NOTE.

GOOD LUCK.