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Share and partition in property
01-Apr-2024 (In Property Law)
My grandfather had two wives. The second wife is my real grandmother while there are two other sons alive from first wife of my grandfather. My father works in US and here I am residing with my mother. Now my grandfather is not well these days and we want to sell our portion that we have in our grandfather's property but my both uncle are against it. Can we file a partition suit against them ??
you can file a partition suit in that but your uncle are against it and the portion which you claim will be in your father name. your family details is crucial for this and relationship. so partition would take place between sons of your grandfather
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Adv. Anurag Jangra
Delhi | 5+ Answers
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The said property is under whose name ? If it’s in the name of your grandfather, then your grandmother, n your grandfather all children are legal heirs in the property. Yes you can file suit for partition in this Propety under your father’s name & your father has to make you SPA if he doesn’t or can’t come from the US.
Plz be in touch
Plz be in touch
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Adv. D. Khan
Delhi | 500+ Answers
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That depends on whose name the property is. As you mentioned your share, I am assuming that the nature of the property is ancestral property. if so, yes. since the ancestral property right is given since birth and you can seek partition anytime of your share and can also sell that share. If the share is established and partition is granted you can do whatever you want to do with the property
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Yes we can file a suit for partition but before that we need to issue a legal notice calling the parties for partition of the property, however, if they dispute the same then we can file the suit for partition
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Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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