Grandfather not in touch from 40 years want to divide the property
06-Aug-2023 (In Property Law)
We 7 grandsons leaving in our grandfather property. Many of grandsons/ daughter and grandsons/daughter are non traceable. We have no connection with them since last 40 years and we also don't know where they leave in India. Now my question is that how could we separate / mutation this property in our name?
Don't worry about that, you don't have to look around for them. All you need to do is to file a petition for succession certificate in Calcutta High Court (for residents of West Bengal). The Court will give a direction to make a publication for any other claimers having any interest in the said property, to approach the Court and file a petition of their claim. If there aren't, and no creditors, then the Court after considering your application will issue a Succession Certificate. This Succession Certificate will bear the names of the persons who are legally entitled to the property. Once you receive the Succession Certificate from the High Court, you can amicably distribute the property among yourself by partition deed. And then apply and get mutation certificate from KMC.
I can help your in this whole process - Succession Certificate, Partition Deed and Mutation Certificate. My fees are nominal. You can contact me by getting my contact details from Law Rato
Mr. Robert D Rozario
Advocate Calcutta High Court
I can help your in this whole process - Succession Certificate, Partition Deed and Mutation Certificate. My fees are nominal. You can contact me by getting my contact details from Law Rato
Mr. Robert D Rozario
Advocate Calcutta High Court
Your query is incomplete in the sense that vital information such as whether your grandfather is alive or dead , whether any will made by him and under what authority you and other six persons have been enjoying the property not stated by you. unless your ownership status is established beyond any doubt ,Lawfully you are not authorized to proceed further towards any action in respect of such property.However, if you feel it prudent, you may carry out a due diligence exercise in the matter. For further instructions contact lawRato.
At first you try to declare that you seven are the only legal heir remain of your grand father by way of taking succession certificate from the District Judge concerned and once you get the succession certificate in the name of the seven, though it takes few months time to get the certificate, your mutation shall be done instantly, you can thereafter go for partition also. Though one of my client got the same relief by producing the affidavit of Judicial Magistrate of 1st Class without getting the succession certificate. All the best. Regards
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