Mr
3 years ago
My grandfather had bought some properties in Kolkata during the 40s and 50s.
He died in 1979, and his 4 sons ( my father & 3 uncles ) have also passed away , ( between 1984 & 2015 )
During the life time of our grand father the properties were never divided and he did not leave any will.
During the life time of his sons the properties were never divided and now we the grand children wish to divide all the properties amongst us -- by selling all 4 properties.
All the properties are in the same area in Kolkata ,( Tangra ) but we do not have any document. One property is a single floor building , which is occupied by the family. 3 Properties are lands, occupied by 3 different tenants, who are operating factories and are paying rent . Since we do not have any Deeds or any documents , how do we proceed to find the same ?
Also how can we proceed for property division , without any conflicts amongst us ( as there is lack of trust amongst each other ) , once we find the find the documents , ( if its available in Municipal / Government --records.) ?
We shall highly appreciate your help and guidance.
Thank you .
Ayantika Mondal @ Prime Legal
Responded 3 years ago
This property can be divided equally among all of you. If you want that the property should be distributed without conflicts, equal distribution would be the best solution. But this will only be possible once a proper property deed will be made or found .Thank You
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Enter into family settlement and get it registered. Then go for selling.
If it is an old property, it is also advisable to get a title report of the document to ascertain that the property is free of encumbrances. As the deputy registrar's office will have all the details of the property, you can easily get this document from there.
And as far as the partition is concerned, the property can be distributed equally among all the cousins and the siblings without any conflict. Intestate property is equally distributed between the legal heirs.
Thank You
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