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Ashwin (Proprietor)     19 October 2012

Property issue (partition)

Need some suggestion, Family history – my father have 1 brother and 5 children . but father’s brother (Uncle) don’t have any children so he adopted one child of my father. So all the property which my grandfather had, obviously become 50 – 50 between we remaining four brother’s and that my uncle’s adopted son it’s not issue. Issue is my father and uncle had good relations . we have another 30 ghuntha plot . which my father took it on uncle’s name. later uncle dead. Uncl’es adopted brother was made a will about the property (without signature of my father who was present that time) of my uncle that “after uncles death ( in 1977) all the property will have to be transfer to me “. But in will he forget to mention the 30 ghunthe property . so all the 50 % property had been transferred to uncle’s son it was ok. But that 30 ghunthe also transferred to him which was not mentioned in will. That was wrong he must gave out 50% (i.e 15 ghunthe) to all we 4 brothers. But he didn’t In 7/12 extract ref. no (Nond) shows specifically that the property (30 ghunthe) was on my father’s name as per will so it’s mine as my father has been off. He did it illegally the will doesn’t show detail about that 30 ghunthe property. When I knew about this issue we have filed suit in Taluka Prant office for this 30 ghunthe land. But we did mistake there was house on that 30 ghuntha land and that’s also on my uncle’s name, we tried to add supplement in Prant office about the house also but it was rejected . Now my questions are 1. Is that will legal as the will don’t have my father signature as he was present at the time of death of my uncle. 2. Is our suit correct , do we get justice , how long we are safe, wat can we do further 3. Imp. – important is after we won the 30 ghunthe plot/land wat about that house which was also uncle’s name on record. How can we get it.


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