• Ancestral property partition

My grandfather who was only son to his father died without transferring his property to his two sons, my father & my uncle. My father shifted to other place in search of job. My uncle being elder took care of the said property through out life. My father & uncle shared good relationship & they never discussed on this issue. 
My father suddenly expired 20 years back & my uncle expired 5 years back. My uncle when alive showed us some portion of  property as ours orally . He did not make any papers .We  are two brothers & two sisters , uncle has three sons & two daughters .
Now suddenly my 3 cousins have started developing the property which my uncle had told as our share.
I checked form 1 & 14 from land & survey record office , I found that every where my uncles name is recorded as Occupant. We don't have any other document . Even my cousins don't have any document other than form 1 & 14.
We spoke to our cousins but they are saying that entire property belongs to them as they took care of it for last 40 years.
In the mean time I have decided to send legal notice to stop the development work.
Please advice how to do the partition among us legally. What are the documents required. In olden days birth & marriage certificate were not made. I have only death certificates of father/Uncle & our birth certificates . 
Please study this matter in all legal terms & suggest. 
I am Hindu & belong to Indian state of Goa where even today Portuguese Law & uniform civil code exists,
Asked 2 years ago in Property Law from ponda, Goa
1. Since the properties of your grandfather has not been physically partitioned between your father and uncle , those are considered to be joint property wherein all of you have equal shares.
2. Even if you or your cousins have share in it , due to non partitioning each of you has right of possession in each inches of the property.
3. In that situation you have legal right to stop your cousins to make any further constructions in the joint properties and claim your share in the property as well.
4. To do that you have to file a suit for partition and for injunction.
5. Meet a local lawyer asap.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. If the property was originally owned by your grand father then it does not qualify as ancestral property.

2. On the demise of your grand father without making a will his property devolved equally on both his sons.

3. If your father also did not make an instrument of transfer of property during his life time then you, your siblings and mother have succeeded equally to his share.

4. You can file a case for partition to cull out your equal share in the property.

5. You may also seek a stay order to stop your cousins from developing the property and from selling it and creating third party rights.

6. Form 1 & 14 do not make your uncle or his children the owners of the property.

7. Maintaining the property for 40 years does not entitle your cousins to claim the ownership of the property.

8. You require the title deed of the property, which you can obtain from the office of registrar.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1) on your father demise your father and uncle had equal shares in property . 

2) on demise of your father and uncle their shares would devolve on their children . 

3) you have to issue legal notice to your cousin for your share in property . 

4) since they refuse to give your share file suit for partition to claim your share . 

5) also take out  notice of motion for injunction restraining your cousin from creating third party rights or developing property without your consent

6) you can take search in sub registrar office and obtain certified copy of title deeds
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. For want of proper partition of your gransfather's property, it was equally owned by his two sons one being your father,

2. After the demise of your father his two sons and two daughters have equal share on his share of his father's property,

3. So, you all (your own brothers and sisters) are entitled to 1/8th share of the total property of your grandfather  each,

4. File a partition suit immediately and also file an application under Order 39 Rule 1 & 2 praying for an order upon your cousins to restrain from carrying on any construction on the said property and deal with it in any manner till the partition suit is disposed of.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1) you will have to take search in sub regsitrar office wherein property is situated for obtaining copy of title deeds 

2)you will have to issue legal notice to your cousins first then file  partition suit in district court 

3) contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. You can obtain a copy of the title deed by carrying out a title search in the office of sub-registrar wherein the deed is registered.

2. The partition suit is to be filed in the court and not collector or mamlatdar. You require the title deed of the property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. If you have the details of the property i.e. Dag No., Khatian No. etc., you can make search about the property in your local Sub-Registry office,

2. From the said search you will get the record of the Title Deed last registered with the said Sub-Registrar of which you can a certified copy,

3. File the partition suit enclosing the copy of the said certified copy of the Title Deed of last registered in the Sub-Registrar's office.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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