Property partition between Two brothers
3 years ago
Hi Sir/Mam,
My grandfather died in 2017 with leaving 4 houses in chawl at mumbai. Two house are with one+one room and two are not. We that is myself, father, mother and younger sister living in only one room since 30 years. Rest My father's elder brother acquired. He merged two top one+one rooms and stays with his family and one (one+one) bottom room is given on rent by him. Rest 2 (without one+one) rooms are given on rent by him. That means he stays in 2 merged room and rest 3 rooms are on rent by him.
Now we are asking firstly for our one+one rooms' top room and also share in those two (without one+one) room but he's not willing to give. We want to renovate our room by breaking and reconstructing it bt as he stays on top of our room we can't break our room as upper room will fall down. We requested him, bt hes not ready to leave it.
We have all the required docs (ration card, light bill, domicile)since we are here. Please suggest..
Ayantika Mondal @ Prime Legal
Responded 3 years ago
More information is required regarding the fact whether the property is ancestral property or self- acquired property.
However, as per the facts stated by you, a case for partition of property may be filed.
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The facts of the case stated by you are not clear.
However, you may file a suit for partition of the property ands acquire your share in the property.
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DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your submissions, you are in possession of your grandfather property and the same is Hindu undivide joint family properties, you demand your father's elder brother through legal notice asking to divide the property among all legal heirs as per the law existing, in case your father's brother do not accept the same then you proceed filing partition suit in the court claiming equal shares as per law
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