Division of ancestoral property
My great grandfather's property was divided amongst his three sons on a mutual consensus without preparing any legal document. Now, my late grand father also didn't prepare any legal will about distribution of property among his seven sons. My father passed away approximately 30 years ago and my mother brought me up with my maternal grandfather's support.
Now my mother and myself have been asking our uncles to divide the property equally and give our share. The request has always gone unheard and nothing has happened as yet. They are selling the properties as per ther wish.
Would like to know what is legal way to have this resolved.
Asked 4 years ago in Civil Law from Muzaffarpur, Bihar
issue legal notice . file suit for partition . obtain injunction restraining your uncles from selling the property
I agree with Mr Ajay Sethi
give legal notice of partition and restrain them from selling the property and if they do not give reply with in proper time then file suit for partition and also obtain injunction restraining them from selliing property
Advocate, New Delhi
Since division took place without any deed of partition having been prepared and signed by all the children of your grand father there is to date no legal partition of the property. You can thus issue a lawyer's notice to your uncles and then follow it up by filing a case for partition to cull out your share.