Property division issue what to do.
02-Jan-2023 (In Property Law)
Kestopur me jamin mere papa and 2 chacha ke nam se he . . To hum log ground floor me rehte he . Hum logo ka 1 lakh rs. Apne 1st chacha ko dena baki he . jab hum log denge tab vo humlogo ko flat ka paper dega . Vahi chacha sara paper rakha he . He ( 1st chacha) lives in 1st floor. Vo flat banaya 1st floor , 2nd floor and 3rd floor me ek room and roof . To uss all upar vale 3 "flat ke paper"( regestration documents from regestrar office ) ko vo apne name se bana sakta he kya ? Bina papa ke sign ke ? Kya us 3 me se koi ek flat ka papa ka adhikar nahi hoga kya ? Kyoki papa ka to jamin me nam he . And ultadanga me " papa and 1st no. Cahcha " ke name se flat tha esliye kaka ne agreement karake 2nd chacha ko vaha bhej diya . Esliye 2nd chacha ka ab kestopur jamin me koi right nahi raha. To kya bina papa ke sign ke vo 2nd floor and 3rd floor bana sakta he ? And apne nam kar sakta he . Kyoki ye 1:3 ka ratio to thik nahi he .
If the Property has been partitioned by registration or decree passed by the court before December, 2004 right to claim over the disposed property is prohibited as per the Hindu Succession Act and kindly check any family settlement made between joint family members.
But it has one exception as per new judgement of Apex court: Partition and Succession can be open at any time if distribution of property was injustice between Joint family members. Hence, you can challenge that partition subject to absence of non-adverse documents.
But it has one exception as per new judgement of Apex court: Partition and Succession can be open at any time if distribution of property was injustice between Joint family members. Hence, you can challenge that partition subject to absence of non-adverse documents.
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