My grandfather has a property in our village which is a farming land. My grandfather and his brothers (4 brothers in total) have their land there adjacent to each other. My grandfather passed away before making and will(in 1996) and so none of my uncles got their share in property .Also, My fathers uncle who is younger brother of my grandfather also styed with my our family up till his death in 2014.My father took care of him and nursed him up till his very last day. His(grandfather's brothers) sons and daughters (4 in total) came together and named my father as the sole heir to his property or whatsoever since he took care of him in his last day. No written bond was made since then. Now in the present all my uncles want a share to the property because of some financial circumstances. my question is as follow-
1.WHAT IS THE PROCEDURE TO FOLLOW TO GET A SHARE IN THE PROPERTY?
2.WHAT IS THE LEGAL WAY TO GO THROUGH TO GET THE LAND THAT BELONGS TO MY FATHERS UNCLE(MY GRANDFATHERS OWN YOUNGER BROTHER WHO PASSED AWAY AT OUR HOME) TO MY FATHERS NAME AND MAKE HIM SOLE HEIR TO THE LAND THAT BELONGED TO HIM?
A.Hi,
A father (your grandfather) and his sons have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You can file a suit for partition in the court, claiming your share.
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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