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Family Property Inheritance: Lan dispute between the heirs to property
22-Sep-2024 (In Property Law)
Scenario: My Grandfather is a Excise Police Constable in state of Andhra Pradesh and he was remarried after my grandmothers death. Then my grandfather had bought lands in Gangavathi, Karnataka and registered them on her name. My Grandfather has 3 sons and father is one of them. Now she's intending to sell the properties without sharing it to my father and uncles.
The property in question is a self-acquired asset of your grandmother, as it is registered solely in her name. In such cases, all legal heirs are entitled to claim their respective shares upon her demise, as per the inheritance laws.
To ensure a smooth division of the property, you have the option to either execute a partition deed or file a partition suit in court. A partition deed is a legal document that allows for the amicable division of the property among all the rightful heirs without any disputes. On the other hand, a partition suit is a legal proceeding in which the court intervenes to divide the property, which may result in a prolonged and complex legal process.
Before resorting to any legal action, it is advisable to send a formal notice to all concerned parties, proposing an amicable settlement. This notice can serve as an invitation to discuss and resolve the matter mutually, without the need for court intervention. If the parties agree, a partition deed can be executed to finalize the division. Should an agreement not be reached, then proceeding with a partition suit would be the next logical step. This approach helps preserve family harmony and avoid unnecessary legal complications.
Helpful?
Adv. Vasudha S G
Bangalore / Bengaluru | 50+ Answers
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Is your grandfather still living is all the point that you have not stated here. Also, whether apart from his salary from government whether your grandfather had inherited any land house amount from your great grandfather ?
Helpful?
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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