• Property of grandfather on my father name

Mere dadajike naam pe hamari thodi jaga hai Jo government se mil gayi hai...mere father ko step brother hai Jo Ki Sara jamin air khet bechake dusari city me shift hogaya hai...aur Jo jaga mere dadaji me naam pe hai usake liye mere father ne application kiya tha....mere father 2004 se o jagah ka tax pay kar rage hai...kya o jaga mere father ke naam pe aa sakati hai ya fir mere father k bhai ka bhi hissa rahega? 
Can u please tell me how can I get that property on my father's name without division of it with my father's brother? 
Please suggest me sir because I want to build the house at that place.
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1 ) on grandfather demise intestate ie without a will your grandmother, your father and uncle would be legal heirs

2) your father can have property mutated in his name only after Consent of other legal heirs

3) uncle can execute gift deed or relinquishment deed for transfer of property infather favour

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

This property belonged to your grandfather.

Upon his intestate death the property automatically devolved on all his legal heirs.

If your father and his step brother are the only legal heirs to your grandfather, then the property shall be shared equally by both.

If your uncle is not agreeing for amicable partition then your father can file a partition suit and separate possession of his legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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