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How to divide property among siblings if there is no will
24-Apr-2023 (In Property Law)
My grandparents have passed away. My father, my uncle and their sister are the heirs now. There was no will, so kindly advise how to divide the property with less hassle. All heirs are married with children. My uncle is very reluctant towards any initiative involving division and is not co-operating with the process probably because of his good financials. My father is soon to be retired from his job and we need the settlement as soon as possible. Some of the property is ancestral and some are acquired my grandfather Please advise, help is much appreciated.
U can file a partition suit before a competent civil court as there seems to be equal shares among all heirs irrespective of son or daughtet. There is equal right available to all heirs to the property of ur grandfather.It relates same to ancestral and self acquired property.
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Adv. Sushil Kumar Verma
Ghazipur | 25+ Answers
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Dear Sir it is most important to note that in case of absence of will, the property will be divided equally among legal heirs, it is advised to file a Declaratory Suit for partition of property which shall be filed before Civil Judge Senior Div of your respective area. If your uncle has objections he will have to file them before Court and if Court finds his objections as non maintained the same will be dismissed and partition decree will be passed in minimum 1 year. After that on that decree basis, seperate registry can be done by all legal heirs.
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Adv. Ashish Agarwal
Lucknow | 50+ Answers
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