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How is property divided amongst family members
19-Oct-2023 (In Property Law)
My grandfather has 3 brother . Without proper division by sq. Ft. One of them had already taken his part without any paper work and build his home . At the time of making his home he took half of all on that land at back now when we grand children asked for our share out of it they firmly said to back out of the land saying if you want your part make your room at roof . They asked if we will break his house if yes then provoked us to start owr construction bring police and do FIR . We are hindu family and lives in bariyarpur villiage . Is there any way to sort out this family dispute over land
Dear Client,
If Partition hasn't been done you should file partition suit. And is it an ancestral property or self self acquired.
Generally the property of the male Hindu dying intestate shall devolve in his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956.
a. Firstly upon all the heirs, being the relatives specified in Class I;
b. if there is no heir of Class I, then upon heirs being the relatives specified in Class II;
c. if there is no heir of any of the the classes, then upon the agnates of the deceased; (one person is said to be agnate of another if the two are related by blood or adoption wholly through males) and;
d. Lastly, if there is no agnate, then upon the cognates of the deceased. (One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through male)
If Partition hasn't been done you should file partition suit. And is it an ancestral property or self self acquired.
Generally the property of the male Hindu dying intestate shall devolve in his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956.
a. Firstly upon all the heirs, being the relatives specified in Class I;
b. if there is no heir of Class I, then upon heirs being the relatives specified in Class II;
c. if there is no heir of any of the the classes, then upon the agnates of the deceased; (one person is said to be agnate of another if the two are related by blood or adoption wholly through males) and;
d. Lastly, if there is no agnate, then upon the cognates of the deceased. (One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through male)
Helpful?
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48+
Adv. Minu Sinha
Patna | 100+ Answers
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Yes. Consult a good lawyer with all relevant papers/documents of the land. The lawyer will suggest ways to get solution. Under the law of the land no body can stop you to get legal share in the property.
Helpful?
47+
47+
Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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