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What action can be taken to stop partition of house
13-Jun-2023 (In Property Law)
I am from hindu religion lived in house of my grandfather for about 20 years my grandfather( which has mutation in grandfathers name ) has two son, Elder son is my father who was expired My uncle having govt job lived another place, is devorced and has one son lived with her mom having own house He filed case of partition in my grandfather's house which goes ex parte of 1/4 partition with metes and bonds against my father and uncle House is small what we can do in this case to stop them to sell or making trouble, there motive to creat problem We are living there for 20 years and financially weak. What should do application for and what is time limit in it help !
Hi, As you say your father and your uncle are two beneficiaries from your grand father. I have to join one more thing, if your grand mother is alive then she would be third beneficiary for the same. Although if there are only two beneficiaries in ancestral property then there might be two equal partition one half for your father and second half for your uncle. As you say your father was expired then you your mother and other live family member of your father would be beneficiaries. while for your uncle is the owner of the second half. I suggest for to do complete and detail study of divorce paper of your uncle. Legally your cousin have right and you can not deny for that. If there any statement found that your Aunt refuse or decline to take partition in your uncles property.
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Adv. Hemant Kumar Joshi
Udaipur | 100+ Answers
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Sir in this querry you can stop them from selling the land you can file a suit in the competent court to claim stay order in this property to stop selling this property to anyone without permission from the court.
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Adv. Raunak Gupta
Jaipur | 100+ Answers
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