• Property partition

My query is regarding the property of my grandfather. My grandfather expired in early 1970's and my grandmother passed away in 1995. My grandfather had 4 sons and 4 daughters. One of the sons is my father. 
My grandfather or grandmother didnt write a will for his large lot of land and house. 2 of my uncles reside in the property and are trying to forcibly occupy the entire house. Rest of the 2 brothers including my father and 4 sisters live in different cities in India. 

Question 1- Is there any provision in law that can force sale and equal division of the property among all brothers and sisters? If yes what is the process? 
Question 2 - Can my father lawfully lock couple of rooms in the house? 

Please advise. 
Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

On the death of your grand parents intestate all their children a entitle for their equal share in the properties left by their parents.

Refer to Section 8 of Hidnu Succession Act.

On being the property owner of your father has all the rights to use the same as he wishes.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

1. On the demise of your grandfather his property devolved through intestate succession on his widow and all children equally. The share of each heir was 1/9th.

2. On the demise of your grandmother her 1/9th share further devolved on all her 8 children equally.

3. Since your father's 2 brothers are forcibly attempting to occupy the entire house your father can file a suit for partition to cull out his separate share in the property through partition by metes and bounds and also seek injunction against his siblings to restrain them from occupying the house through unlawful means and creating third party rights therein.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Please file a civil suit for the division of the property.

All the children and grand children have their share in the property and any share holder can not claim the entire property.

You may file eviction suit as well for vacating your share of portion.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. There is no law impeding the right of the co sharer in selling the undivided share of the co sharer.

2.So your father or uncles can sell their respective undivided share.

3.However the purchaser without a physical partition of the property cannot take possession of the said proeprty.

4.Your aunts can not have any share in the ancestral property of their father.

5.However They will inherit share from their mother equally with other sons.

Devajyoti Barman
Advocate, Kolkata
22910 Answers
496 Consultations

5.0 on 5.0

Ans 1. All the 8 children have an equal share in the properties left behind by your grandfather. Thus, these properties are to be divided into 8 parts, 1/8 part to each child. Your father may file a partition suit and seek an injunction against your uncles* so that during the pend ency of the partition case, they are restrained from selling off the property.

Ans. 2: As long as the property remains undivided, he cannot do this.

Vibhanshu Srivastava
Advocate, Lucknow
9628 Answers
303 Consultations

5.0 on 5.0

Yes definitely, each legal heir will have 1/8th share in the property that was owned by your grandfather.

Therefore you may file a partition suit and request the court to do the partition by metes and bounds.

He can not enter into the premises forcefully, it will be good if the same is done after the order from the court.

Also, as an interim relief request the court to pass an order of status quo.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1)you have to file suit for partition for division of property by metes and bounds

2) your father has one sixth share in the property

3) your father cannot forcibly lock couple of rooms as he has undivided share in the property

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

1. If no WILL exists, then the division of the properties are governed by the law of intestate succession. Therefore, get the death certificates of your GF, legal heir certificates and certified copies of the documents and file parition suit. if any of the properties is fetching rent, file a suit for acccounts and mesne profits.

2. If it doesn't lead to fight, lock all rooms including the house itself.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Client,

By law of intestate succession, all the children have equal share in the properties of grand father 1/8 each.

File for partition suit giving details of all the property.

Cort will pass preliminary decree - share of each legal heir than partition on meats and bound.

Send Legal Notice for demand of share, fail to comply with demand, file partition suit.

He can lock.

Yogendra Singh Rajawat
Advocate, Jaipur
22698 Answers
31 Consultations

4.4 on 5.0

As your grand parents did not make any will ,the law of intestate succession would apply and all the siblings would get an equal share in the property.

Your uncles cannot sell the property without obtaining consent of all the siblings.

your unncles can only sell the property if all the other sibblings relenquish their share in favour of your uncles.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

Your questions are answered as below:

Question 1- Is there any provision in law that can force sale and equal division of the property among all brothers and sisters? If yes what is the process?

Ans: First you have to file partition suit. If it is decreed then you may file an application for division of property. If division of property not possible then one or more of the parties will be asked to purchase the share of other sharers. If no body is willing then court may arrange for sale and distribution of price received. Such decree may be decreed by mutual consent and court cannot by force sell the property.

Question 2 - Can my father lawfully lock couple of rooms in the house?

Ans. No. your father cannot lock coule of rooms but take the permission of the Court to restrain others from selling the property till case is disposed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes partition / sale and also possession can be done.write to me in details so as to guide you in perfect way. npacom1atgmaildotcom regards adv vijay

Vijay Kumar
Advocate, Mumbai
26 Answers

4.0 on 5.0

The property that belonged to their father shall devolve equally on all his children upon his intestate death.

The two sons alone cannot enjoy the property of their father.

The other siblings can ask for partition and separate possession.

If they do not agree then they may file a partition sit within the jurisdictional court.

T Kalaiselvan
Advocate, Vellore
85347 Answers
2227 Consultations

5.0 on 5.0

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