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Property registered in name of uncle
26-Apr-2023 (In Property Law)
My grandfather had purchased 30-40 years back a shop and a flat in Mumbai, and registered in the name of elder son. Now after the demisal of grandfather and grandmother, the elder son is denying to share this mumbai shop and flat in all brothers as it is in his name and ready for sharing village property as it is in all brothers name. Please guide is it legally possible to divide and equally share among all brothers this mumbai flat n shop?
you can ask for partition provided you need to show that the only earning at that time was of your grandfather and property was purchased from the joint family earning and only for convenience his name was mutated or his name was added for further query you can call me on my number
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Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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once a self acquired property is sold during the life time of your grandfather to his eldest son such property becomes the sole proprietor property of the eldest son and there will be no share for others. if you want to ask share in such property then the only relief as per law is to file a declaration suit u/s 34 of the specific relief act to set aside such transaction as either fraud or a nullity after such decree the question of shares shall arise.
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Adv. Clerence Pereira
Pune | 25+ Answers
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