Imran (--) 15 April 2012

Regarding grand fathers(father's side) property

Hello Sir,

I just wanted to know the rules of family property rights.

My grandfather was having 35x35 land in chawl where he constructed a room. My grandpa had 4 sons out of which my father is youngest. After my fathers wedding 28 years ago a partition of 11x11 was built in the same room and my grandpa gave this room separately to my father but not on papers. we are no living in the same room from last 27 years and have all documents like ration card, light bill, voting id etc.

Can we now go forward to sell the room to the outside party as we have no property divided proof from my grandpa. do my father's elder brothers have any obligation on this?

Please reply.

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4 Replies

Imran (--) 15 April 2012

Just the correction to the above, we are living in the house for 27 years.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 April 2012

You can ...but make sure you have enough proof to prove the oral partition that happened.

Imran (--) 16 April 2012

Bharat Sir, Thank You Very Much for the assistance.

I am glad with your quick response.

Yes, the partition was done in front of every family member, that is kind of proof with us. No body has any objection in our family. We are all happy.

God Bless You and Your family

Imran (--) 19 April 2012

But Bharat Sir, Could you please recommend if my family members refuses to the oral partition when what will be the solution. Also if we want to sell the house what all are the documents of us required to transfer the title to the buyer.

How will it be considered as valid sale transaction.

Awaiting for your reply.