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Carrying forward the partition if one the family member is not ready
24-Apr-2023 (In Property Law)
So my grandfather 4 kids,my father his brother and two daughters.My grandpa passed away few years ago and he had changed certain properties to my fathers and uncles name. The remaining properties are not legally in anyone's name,although he has written in his diary that it should be divided between the four kids equally.Is the valid or not? Also one of my aunt's refuses to attend the partitioning saying that it should be done when she feels like it,other three owners are in need of money and needs partition what should we do?I belong to OBC Hindu religion.
You can get the property partitioned through a civil court. Before that you have to send a notice to all the persons who have lawful right in the property. In case you need any assistance you may contact me
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Adv. Lawrence D Cunha
Kochi | 25+ Answers
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What about your grandmother? She is also a legal heir, if alive.
The diary noting is of no legal significance. In the absence of any Will, the property is jointly vested with all the legal heirs. The only legal option to overcome the unwillingness of your sister is to file a partition suit - but the final decree may take time. The matter could be expedited by referring to mediation or settlement through Adalat.
The diary noting is of no legal significance. In the absence of any Will, the property is jointly vested with all the legal heirs. The only legal option to overcome the unwillingness of your sister is to file a partition suit - but the final decree may take time. The matter could be expedited by referring to mediation or settlement through Adalat.
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Adv. P Venu
Vaikom | 500+ Answers
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