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How to enforce partition of joint family property
04-Jun-2023 (In Property Law)
Hello Sir, I have issue with property in family. Issue is that current property owner is my father and my grand mothe. My Father has no other brother, he has only one sister. She married. My father have two son only. I am younger one. My age is 23 years. After my father end grandmother properties divides in two part. Me and my brother. My question is that is it possible i take my part of properties now from my father And grandmother. My family member have some issue with me, So I want that if is it possible to take ownership of my part of properties... My father is not ready for this, evan my family member also not ready. Please give me reply. I really need your suggestions.
Any person in the lineage of family tree can seek partition by applying to local court of jurisdiction of that property. Even if any one objects, the court will still partition after calling all the persons to court or accepting their deed of relinquishment of their right to property.
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Hi,
Please specify whether the property owned by your Grandmother and Father is ancestral or self acquired of your father/grandfather.
If its ancestral property then only you can demand suit for partition, but if its not the 4th Generation property you cannot demand your share.
When did your Grandfather Expired?
Please reply
Thanks
Please specify whether the property owned by your Grandmother and Father is ancestral or self acquired of your father/grandfather.
If its ancestral property then only you can demand suit for partition, but if its not the 4th Generation property you cannot demand your share.
When did your Grandfather Expired?
Please reply
Thanks
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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No, you can not take any share without consent getting consent from your father, because your succession didn't open yet. It will be open after your father death.
your father or grand mother can not getaway by will or gift deed as said property is a ancestral property, but they can sale it. If he want.
your father or grand mother can not getaway by will or gift deed as said property is a ancestral property, but they can sale it. If he want.
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