Grand father property issue
2 years ago
My grand father and grand mother died 20 years back. My grand father was three three brother including him. His parents property not divide on paper and till now occupied by my grand father brother family . We are not living there . So can my father file a case for partion of his father property today
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
The property is the ancestral property and as a legal heir your father has all rights to claim share in that property. He could file a suit in the court to get his share and mutate and transfer the property in his name.
Thanks
Please rate if you find this advice helpful.
The property is the ancestral property and as a legal heir your father has all rights to claim share in that property. He could file a suit in the court to get his share and mutate and transfer the property in his name.
Thanks
Please rate if you find this advice helpful.
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A.Hi,
you have to be careful and ensure that you do not keep it pending for a long time because then your grandfather's brother might get property rights over it owing to adverse possession. In any case, you can demand your rightful share of the property.
Thank you.
Kindly give a proper rating for the answer
you have to be careful and ensure that you do not keep it pending for a long time because then your grandfather's brother might get property rights over it owing to adverse possession. In any case, you can demand your rightful share of the property.
Thank you.
Kindly give a proper rating for the answer
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Sunil Kumar Singh
Responded 2 years ago
A.dear client this is undivided property of your grandfather and you will not claim till date, that is not good thing, this is your property, and after demise of your grandfather ,it will be mutated on your father name in record, but as per your opinion its not mutated, so first go mutation of this property on your father name,
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Yes it is necessary to demand Partition in writing from them for the Partition of one- third share of your deceased grandfather by executing registered Partition Deed ( and in default Partition Suit has to be filed),however, it is necessary for your father to have Legal Heir Certificate. You have not specified about other legal heirs of your grandfather. The Legal Heir Certificate has to be in the names of all the legal heirs of your deceased grandfather.
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