pradnya (Software Designer) 19 May 2014

Property distribution -1

Hello,

We (My dad, mom, myself and my brother) have been residing in this property more than 30 years alone. Main owner of this room is my grandpa. He died in 1990. I have 3 uncles. All of them left this place due their personal fights almost 30 years ago. We have some parental property in Raigad which is my native. My dad used to see all the financial things related to that property though. My uncles didnt even contributed a single penny in last 30 years. We have all the documents of it. Unfortunately my dad died last year i.e in July 2013 due to Cancer. After that all my uncles came and asked us to sold the room in which we are leaving in Mumbai. We said no because we didnt even see them for our family festivals like Ganpati and all. Ration Card does not include their names. Gas connection is owned by my dad. Why didnt they come when my dad was alive - This is the main concern my mom raised.

What will be the output for this dispute.

Please help,

Thanks,

Pradnya

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 19 May 2014

If the room stands in the name of your grandfather, then all his heirs will be entitled to his property. You will get the share of your deceased father.

Sankaranarayanan (Advocate) 19 May 2014

I do agree with expert Archana ji

pradnya (Software Designer) 19 May 2014

okay. my maternal uncle is advocate too. He asked me to get all the documents which has been settled by my dad financially. Also he said that we can claim this property because we have been living here more than 23 years.

Adv Archana Deshmukh (Practicing Advocate) 19 May 2014

I do not know anything about the financial settlements between your father and uncles. If there has been any settlement between your father and uncles in respect of the property then the matter is otherwise. However, in respect of the advice by your maternal uncle that you can claim the property on the basis that you have been living there for 23 years, then I absolutely disagree bcoz the right of adverse possession is never available against a co-owner.

Indrajeet Banerjee (manager) 19 May 2014

Dear Sir/madam,

My Parents are residing in mutual property. But due unavailbility of any proper partition deed they are facing daily querrels among them on related to the property. Out of 4 contanders one is out of the city and he does't have any contacts. In fact he is not interested in the property at all. So can any partiton deed can be made among rest of the parties without his consent.

If yes than what would be that, Kindly guide.

Indrajeet