• Patrik sampati ka adhikar

My father have 6 brother and one sister. every one is married. my father is 3rd one, he has 2 younger brother & 3 elder brother and 1 elder sister

2 brothers are died ,just elder and just younger one

All the brother and sister have children who all are 18+
All the other one are setteled in there places

My father is retired from clerk post in lic

The youngest one is only living in the house with his family the olny one which have private job as taxi driver.

My grand father and grand mother died
and there is no will
but the property paper are give to my father

My grand father called my father and said that dont go any where you have to make your house in back of the home which is empty and we are living here at present time

Now the youngest brother is fighting every day. We want to sell the house and go away
but he does not want

No one from the family is helping us because he is like gunda
everyone is say solve your own problem

Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

Since your grandfather died intestate on his demise property would devolve on your father and 7 siblings

2) all have equal share in property

3) it is better to enter into deed of family settlement with mutual consent of all legal heirs

4) the share of deceased brother would devolve on his wife and children

5) if amicable settlement is not possible file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Lodge a complain in the concerned ps and file another suit for partition

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

This property devolves equally on all the legal heirs of your deceased grandfather.

Since your grandfather died intestate, all his seven children have equal rights in the properties left behind by your grandfather.

The legal heirs of your father's deceased siblings are entitled to their respective father's share in the properties.

Therefore, legally the entire properties are to be divided into seven equal shares and your father is entitled to one such share only.

The option before him is to file a partition suit against all his siblings and the legal heirs of the deceased siblings for partition of properties and separate possession of his legitimate share in the properties.

Consult a local advocate and file a partition suit as suggested which is the legal option if there is no amicable settlement among the disputing siblings.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

If it is your grandfather self made property then everyone holds 1/7 right in the property.

However if you feel that everyone of your uncle and aunt is not supporting you in the matter related tobthe same property in dispute with one of your Gunda uncle.

You can ask them to give NO OBJECTION (stating that they don't need any share in the same property)

Then it will be easy to pressurize your uncle to sell the property to move to new house, else you can file a civil suit (suit for partition) with all the NOC

Amol Chitravanshi
Advocate, Delhi
271 Answers
1 Consultation

4.0 on 5.0

The partition of the family property is the only way through the family settlement deed.

In the deed you negotiate the ownership of the house in your favour and surrender your equal interest in other property in favour of other claimants.

After the mutation you may be able to sell the house.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

1) If the property belongs to grandfather, he may have different property as well try to sit all family members together and who had got what property and distribute it accordingly.

2) If he's gunda try to make complaint in the police station and explain them all details.

3) Running away is not solution, you all members of your father's family, try to shout against him whenever he comes to fight with you people and tell the truth. Unity is strength, at a time all members should forcefully do this protect yourself first.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

File a partition suit in court and get the partition done. Once you get the same you can sell the same.

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

1. If your grandfather died intestate then his property devolved through intestate succession on his children equally.

2. The mere possession of the property papers does not make your father the owner of the entire property.

3. The property cannot be sold unless all the heirs of your grandfather sign the sale deed in favour of a prospective buyer.

4. Your father is free to file a suit for partition to cull out his share in the property.

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

Goondas will be tackled by police. Therefore, file a complaint that he is threatening all of your life, causing hurt, and using obscene words. As he does not have rights to enter the house, he will be a trespasser. Therefore, with the help of police, you can sell the house.

Rajaganapathy Ganesan
Advocate, Chennai
1956 Answers
8 Consultations

4.9 on 5.0

File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Proceed to file a partition suit,

Contact ur uncle and make a family settlement.

The only option left is litigation

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.6 on 5.0

According to Hindu Succession Act, every child of your grandfather will get an equal share in the property,

if you wish to sell the house then you can file a suit for distribution of property.

Contact for further information.

Raj Deepak Chaudhary
Advocate, Lucknow
12 Answers

4.0 on 5.0

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