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Regarding partition of ancestral property among all the brothers


16-Nov-2023 (In Property Law)
Sir, my grandfather died a month before. Also I lost my father in 2005. My grandfather was having 6 children i.e 4 daughters (1dead) and 2 son (1dead--> my father). My father had two sons and my Tauji is also having 2 sons. Now my cousin brothers are denying to divide the property into 4 parts. They are hiding the death certificate of my grandfather and also the original papers of the land and ration card. They are saying that we had misplaced it. I inquired into the registration department by providing the khasa katra (plot nos) It's still in my grandfather's name. Please suggest how to claim my share in my grandfather's house. Also will partition happen only among 2 ( my father and mu tauji) or it would happen among all 6 i.e including my fua's too. Also please explain the process of transferring the house from my grandfather's name into my name?
Answers (3)

Answer #1
776 votes
You can claim your portion by filling partition suit. And one more thing it will be devided into 6 portion Cause rest are alive. So that's why you can't claim as for 4 partition it will go for 6 partition as per law. For further assistance contact me.
Answer #2
627 votes
exactly, the property of your grandfather will be divided into 6 parts if your grandfather died before September, 2005 it would have divided into 2 parts but not your fuas' will also get the share of the property left by your grandfather, the partition can be made by a partition deed if all the co-parceners are agreed to do the partition otherwise you have file a partition suit for bifurcating the property by mates and bounds
Answer #3
708 votes
u can file partition suit against other co sharer and for that urcertified copy of grandfather deed , father dead certificate , grand father death certificate is required and for mutation in ur name u have to give a judicial affidavit to the concerned authority for ur name and other co sharer

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