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Clarification on division of land given by grand father to father
06-Apr-2023 (In Property Law)
Hi We are living on a land whose owner is my grandfather .my grandfather has two son.my father built house on one-half of land (south side)and left other half for my uncle.we are living on this land for 9year .my uncle didn't say anything at the time of building house.but now he claims that according to convection south side of land is for younger son and North side of land have to taken by elder son and filed a FIR.when police came on investigation said us to sold that house to my uncle and build another house on North side of land. Is there any law that younger son will take south side of land and elder son will take north side? please suggest .we don't know what to do
File a partition suit and take the shares as per the mutual convenience. That is it. Nothing more could help you actually. Make sure to be prepared for the court fees at the time of final decree which will be calculated on the basis of the bench mark valuation of the property.
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Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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Is your grandfather alive then he can solve it by virtue of a will if it's his self acquired property.
If not then you should proof on what basis you built the house on south side if there any agreement between your father or uncle or any will of your grandparents then you can retain your south side by showing that in court.
Thirdly if you build the house suo moto on good faith you can claim the same and have to prove the entire expenditure incurred by your father and pray to the court to make the partition accordingly. None of the son can claim the south side. But as you have possession since 9 years and built the house your father may have advantage over your uncle.
If not then you should proof on what basis you built the house on south side if there any agreement between your father or uncle or any will of your grandparents then you can retain your south side by showing that in court.
Thirdly if you build the house suo moto on good faith you can claim the same and have to prove the entire expenditure incurred by your father and pray to the court to make the partition accordingly. None of the son can claim the south side. But as you have possession since 9 years and built the house your father may have advantage over your uncle.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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