• Undivided property among brothers

Grandparents had passed away without partitioning the property among their 3 sons. Property(site) stood in grand parent's name.Eldest son constructed a RCC building in central part of the site without caring for Vastu doctrines and he had passed away leaving behind 3 sons and a daughter, who are all married now.Grand parents have 3 daughters,all married before 1984.The other 2 sons of the grand parents have 2 daughters, 2 sons.Now the dispute of partitioning among the sons is unsettling .Please clarify how to partition among sons and the other stake holders.The sons of eldest son have built a house in the vacant site(1 part) without the notice of other 2 sons of grandparents and wanted to rent it out now, and this is another tricky issue.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
was it self acquired property of grandparents  ? when did grand parents  die ? please clarify . did they leave any will ?
Ajay Sethi
Advocate, Mumbai
26065 Answers
1416 Consultations
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How did the grand parents acquire this property? Was it the self purchased property of grand parents? Was any settlement deed made by them during their life time? The answers to these questions are germane to the legal recourse that can be followed.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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it is self acquired property of grand father . on his death in 1980 his property would devolve on your grand mother  3 sons and 3 daughters . each legal heir would have 1/7th share in property . on your grand mother death in 1995 there would be 6 legal heirs to property . suit for partition is to be filed . the share of eldest son would devolve on his wife and children
Ajay Sethi
Advocate, Mumbai
26065 Answers
1416 Consultations
5.0 on 5.0
the partition will be of entire property including part wherein construction has been carried out  .issue legal notice to all legal heirs . if no partition possible file partition suit for 1/6th share in property . 1/6th share of eldest son will  go his 4 children ., contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
26065 Answers
1416 Consultations
5.0 on 5.0
Since it is the self purchased property of your grand father all his surviving heirs have an equal share therein which can be culled out through the process of court by filing a case for partition. The children or grand children of your grand father can file a case for partition against the other surviving heirs.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
That part of the property where construction has been carried out without the consent of all the heirs cannot be isolated. It is also to be partitioned as it forms part of the entire property of your grand father. The share of the eldest son will vest in his 4 children.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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