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abid (lecture r)     25 July 2014

Property separation

My name is abid. We are muslim family.  We have home  at native place build by grandfather.  He is nomore. My grandmother also expired. My father has one brother and one sister.  They are also expired. My father and cousin brother(son of fathers brother) purchased share of my auntie(fathers sister). We live in common bunglow which is in 4000 square feet land. There are 10 rooms. 5 room each. My cousin want more vacant land around bunglow.  He is criminal in nature. He is telling to my father if he will not get property distribute d according to him, then he will trouble us. I want property distribution from court. Please suggest me how to proceed. 



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     26 July 2014

You have not mentioned your religion.  Assuming that if you are hindus, the following will be equation.

On the death of your Grand father and grand mother, the property will be divided into three parts.  Your father 1/3, Your uncle 1/3, your aunt 1/3.  Since your cousin brother had already purchased the share of your aunt, his share comes to 2/3.  You will get only 1/3. 

T. Kalaiselvan, Advocate (Advocate)     28 July 2014

The best option before you for the present is to file a partition suit seeking division of property as per each individual's entitlement as per law.


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