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PRAKASH (ASSOICATE)     13 September 2013

Problem in individed property

Dear all

I have query in the family property. can anyone guide how to proceed further.

1. In my village at cuddalore tamil nadu. we have grand father agricultral land and house. all the property are titled in my grand father now he is not more died on 2001. its not divided and my grand father has four sons and one daugther inculding my father. My father is first son of my gand father. In my father and grand father drafted the details of the assests details to who can enjoy the property after my grand father death. only my father and grand father signed on that stamp paper others denied. now that stamp paper are with me. now my father is not alive and my father invested to built house.

2. Now problem is my father's youger bother's are stopping has to give current to me new house which is built by my father they give objection in EB office stating that not divided propety. If i say to divide the property they saying today and tommorrow like that. finally days are going no answer from them.

Can any one guide me how to proceed further to get current connetion in my name and have to divide the property.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 September 2013

Dear Prakash,

The legal heirs of your grandfather, who died intestate, are all entitled to an equal share in the properties acquired by your grandfather, in this you and your family members are jointly entitled to the share of your father's entitlement in the undivided property.  If the EB authorities have disconnected the existing service, they can be drawn to court and an order of permanent injunction can be obtained against them refraining them from disconnecting the services, in the meantime, you can proceed with a partition suit seeking partition and separate possession of your share in the schedule properties by impleading other share holders as defendant,  in your jurisdictional court.  Advocate Kalaiselvan, Vellore, Ph:+919443441062

VIRAJ KADAM (Advocate Supreme Court of India)     13 September 2013

Dear Friend

I agree with Adv. Kalaisevan's opinion. Only remedy available to you is "Partition Suit".

Regards

VIRAJ KADAM

Advocate 

SAI KIRAN R (ADVOCATE)     13 September 2013

Approach the Electricity Board with application for new connection with proof about your possession of the new house and  your family genealogical tree to show that you are co-owner. If EB fails to provide connection inspite of this please approach higher authorities in EB or Consumer Forum for deficiency of service because power supply is basic essential. Rest of the issues regarding title & ownership can be dealt in Partition suit.


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