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Partition of property in case uncle not ready to divide the property


07-Jul-2023 (In Property Law)
Rel: Hindu My father (expired) and uncle are 2 sons of my grandfather/grandmother (she is also expired). There are 2 separate houses built in the same piece of land which is inherited by my grandmother from her ancestors. In one house my uncles family lives and in the other my grandfather lives as we are living in some other city (due to our job). We bi-annually visit hometown for the ongoing case for partition of property. Now the case is ongoing and notices have been sent to my uncle number of times but he has not accepted it. We have a small room where we live and cook in one corner in same room. There is no water connection also for our house and we have to fill the buckets from the nearby hand pump for our daily chores. Its difficult to manage like that and hence we thought to install a borewell pump and demolish the staircase to build up a kitchen on our house. But my uncle is intervening citing that the property is in his name and we cannot do anything without his permission.
Answers (1)

Answer #1
728 votes
After the death of your father, his property equally gets divided between the children and children’s mother. So in your case you can do whatever you want to do on your part of property and you can call police if they are creating some hurdle. You have all the rights on your property to do anything with it.

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