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How to get ​ancestrial property partitioned when others dont agree


09-Feb-2023 (In Property Law)
My grandfather was a HINDU & had a house in Kanpur. He had Three sons, my father was the elder. The house is in the name of my grandfather. Now my grandparents, my father & one of my uncle are deceased. Now one of my cousin is residing in the house & one portion is occupied(locked) by my uncle. Now please suggest whether the property can be sold or to get proper division. I don't have any clue about the property papers. We are total eight cousins. My mother including us don't get any benefit from that house. We want to sell the property & get our share in terms of money but three other families are not agreed. Please suggest how to proceed.
 
Answers (2)

Answer #1
553 votes
You can file a partition suit in the rspeective court giving the details of the property and the successors, making them party in the suit. The property should be divided into three parts of your grandfather's children and if the others do not agree to sell, they should give you the consideration for the same.
Answer #2
777 votes
You have right to devide the property in question by filing a partition suit before competent court by making respondents to other share holder who are against you and you have also right to sale the property if same is in your name otherwise not.

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