• Property partition

It is my grandfather's property, including my father they are 5 brothers and 2 sister's. My father died in 2010 before that he built a house in that particular property belonging to us, after consulting with every party's, but we don't have any legal papers for that.
Now one my uncle always blackmail me ,and he is not interested in partition. 
Don't know what and how to do? 
Please help me.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

File suit for partition for division of property by metes and bounds

2) your father one seventh share would devolve on your mother you and your siblings

3) seek an injunction restraining uncle and other legal heirs from selling property pending hearing and final disposal of suit

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

It is your grandfather's property and your father has built the house in his undivided share in the prooerty. If maximum heirs are in favour of partition then you all can organise a meeting to discuss all the matters and if all agree then can take further steps for registering the partition. Else can take other legal steps as per matter.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hello,

File a partition suit and claim the share that would have come to your father.

Your grandfather is alive?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. On death of grandfather without any Will then all your uncles including your father and aunts become entitled to equal share in the property.

2.So any of his children can ckaim their undivided 1/7th share in the property.

3. If that is so and your uncle is not ready to divide the property to give due share to his siblibgs any of them can take recourse to law.

4. So your father can file a suit for partition to claim his due share in the local civil court along with prayer for injunction so neither of his siblings can sell the property to frustrate the claim of your father.

Feel free to contact for further assistance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Is your grandfather alive or not ?

2) If your GF is not alive than you can appky for legal heirs and succession certificate in tbe court.

3) How can register your and siblings name on the property after providing legal heirs and succession certificate ro sub registrar.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. The property stands in the name of your grandfather.

2. So, the house constructed thereupon also shall in the name of your grandfather.

3. You have not mentioned as to what your Uncle claims while blackmailing you.

4. You can file a partition suit before the Court claiming your share of the said property of your grandfather if others do not agree for mutually registering a partition deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hi, it is advisable to file a civil suit for partition and declaration in court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Since there is no legal document written there can be a ground that other legal heirs shall claim same.

But if others are in your support than you can prove that there was an oral.family agreement and the said property was given to your father by your grand fathers with consent of all.

If in case there is no agreement than you can claim a partition and you along with your mother and other siblings can seek your fathers share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File a suit for partition and separate possession. Also file a suit for injunction restraining other from not disposing of property. Your father share will be 1/7th share. Since he is dead it will devolve upon you and your siblings if any.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If partition was not on paper, and theee is something by which you can prove that they are living in a way to not collide with each other by common entry.

And you are able to show that they gave the consent also then you would have something in your favour and also you have all right to go for the petition irrespective of their will or desire.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If your uncle is not interested in partition still you can go for judicial partition through court by making him a party. The court will direct the partition of your property.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

You can remain silent if he is not agreeing for any amicable solution.

Let him initiate any legal action, you can challenge the same on merits on your side.

The court after hearing both sides may pass orders for partition or otherwise as per law.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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