634+ Lawyers are online 
Procedure to claim right over the partition of ancestral property
31-Jul-2023 (In Property Law)
Hello, It is regarding the partition of my grandpa's land. After the death of my grandpa a mutation has been done and land including the house has been converted in the name of my grandma and his four sons. After some years my grandma passed out but no change has been done in the mutation. Meanwhile my uncle has built 1st and 2nd floor and now after my father's death they drove us(me and my mother) out of the house, and constantly pressurising my mother to sign the house in their name. When we ask our right in that property (i.e 1/4th of that land) they are unwilling to give us that as they have already created their set up, they gave us the proposal that they can distribute the land in 4 equal plots if and only if we give them the money they invested building their rooms. Now we are in a helpless situation, please advice me what should I do so that I can get the just portion of that property, What are the procedures? Thank you in advance.
After the demise of your grand mother the four brothers become the joint 1/4th share holders of both the land and house in absolute equal shares whoever constructed of invested in it more. Since you and your mother jointly are the owners of 1/4th share in the property, question of writing in their names do not appear. You immediately file a suit for partition for both the house and the land and file an application for injunction restraining the opposite parties to either evict you from the house and land or selling the portion of the property to the third party, since you are the lawful share holders you should get the order of injunction easily and once the order of injunction is granted your uncle since has invested a lot, will be at immense pressure and he would rather approach you for settlement, then take the decision with cool head after protecting your best interests. All the best. Regards
Helpful?
Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
CONTACT NOW
1. issue legal notice to your uncle for partition of the property
2. Its most likely he will refuse, you can file a partition suit claiming your share of the property,
3. Get the property partitioned and divided by meets and bounds,
4. Since there is a dwelling place, let court decide how distribution is to be made. Court will definitely consider your 1/4 share on the land and but as far as construction cost is concern you will have to be ask the pay the construction cost for your share in the dwelling housing.
My suggestion at this moment quick remedy is that your mother should lodge a complaint with local police for domestic violence against your uncle for illegally evicting her from the share household after the demise of her belated father. This would be more effective to enter back into the dwelling house then to wait for the Court to decide on the partition suit.
2. Its most likely he will refuse, you can file a partition suit claiming your share of the property,
3. Get the property partitioned and divided by meets and bounds,
4. Since there is a dwelling place, let court decide how distribution is to be made. Court will definitely consider your 1/4 share on the land and but as far as construction cost is concern you will have to be ask the pay the construction cost for your share in the dwelling housing.
My suggestion at this moment quick remedy is that your mother should lodge a complaint with local police for domestic violence against your uncle for illegally evicting her from the share household after the demise of her belated father. This would be more effective to enter back into the dwelling house then to wait for the Court to decide on the partition suit.
Helpful?
Adv. Robert D Rozario
Mumbai | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
