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How can we claim share in grandfather's property


16-May-2023 (In Property Law)
Dear sir/ma'am, I live in Delhi, belong to a HUF. My grandfather had held our house property on his eldest son's name(I.e. my father's elder brother), we are living together here for 30 years and now we think it's the time that we should get separated but my eldest is not ready to sell this property or give any share to anybody. My father has nothing on his name, they had everything jointly. Kindly help me, I don't know what should we do in this situation.
Answers (4)

Answer #1
587 votes
Yes u can file a suit for partition, if u want to get the share in that property than you come to my office with all documents regarding this property. Hope u will get the share in that property as soon as.
Answer #2
995 votes
The basic question arise after reading your question is this that your grand father is still alive or not and you are still in possession of your share or not? Answer may be either in affiermative or negative . In both circumstances options are available with you.
Kind regards
Answer #3
912 votes
If your property is HUF property, and your uncle is refusing to sell and give any share in this circumstances, you have to file a case for partition. Court will decide how much share belongs to you. It will take little time. I can assure you that you will get your share if it is a HUF property. Without approaching the court of competent jurisdiction, you can't enforce your right. Think properly, make up your mind . Revert me. All the best.
Answer #4
519 votes
Hello in this case your father and even you can prefer a partition suit for division of property and your due share. Depending on the value of your share and the location of the property the jurisdiction of the Court shall be decided. You will have to pay court fee as wee on the share you claiming.

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