• Property dispute

Its regarding a grocery shop which is runned by my father.My father died 30yrs back.After that the shop remained closed till now.Now I want to sell the shop ,but my paternal uncles are telling that the shop by will belong to my paternal grandmother (who has also died 15yrs back) & if I sell it I should give share to them also.
There is also my paternal house which comprises of 2 storied buildings of total 16 rooms.The whole mansion is under my paternal grandmother's name by will.My paternal uncle's are telling that my father(in his absence its me) have been given only 1 room in the mansion verbally by my paternal grandmother though there is no formal documents.
Kindly advice what to do
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Client,

If properties are in the name of GM (valid title through WILL), on her demise her properties will inherit in her children.

If 2 child than 1/2 each and your father complete share will devolve in you.

So if any property sold which s in the name GM, sale consideration will distribute between hears of GM.

And mansion will also partition in this ratio.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. If the shop was solely under the name of your grandmother then every legal heirs of hers will get a share;

2. If she never made a Will then all the legal heirs get an equal share;

3. So you being the legal heir of your father, you and your mother and your siblings will get his 1/3rd share and other 1/3rd each will be divided between your uncles;

4. Regarding your property, if it is ancestral (since you mentioned it is a mansion) then everybody in the family tree gets a share;

5. If it is solely your grandmother self-acquired property then all her legal heirs i.e. Class I legal heirs will get the share;

6. It is advisable that you engage services of a lawyer and show him/her the papers, do the title search of the property, and then you can get a clear idea of the share in the properties.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firstly, as you have stated that it has been disputed by your uncle that the property is in grandmothers name through will.

Secondly, if it is true then if no more will by your grandmother in any one else favour then you all would be having equal rights in it.

Thirdly, but, if you can clarify that the property which was come to your grandmother under a will, was anscestral one or self acquired then I ll be able to provide you more clarity on it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file for partition in court and case will file where property is situated,

Have one known lawyer in Kolkatta, Ms. Shah, can take her no.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you have equal share in mansion s grand mother died intestate

2) file suit for partition for division of house by metes and bounds

3) seek injunction restraining uncles from selling the house

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

you can contact Mr Ganguly or Mr barman both are from kolkata

if uncles are not willing to accept equal division you have to file suit for partition for division of house by metes and bounds

seek injunction against uncle selling the house

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Sir first of all get the record of all the ancestral property then file a partition suit on the house and shop for your share in the property and division by meats and bounds.

alternatively if all the family members agree then you all can make an partition deed to divide share equally and then register the same deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is in further response to you:

1. If they do not agree on equal distribution then firstly send them a legal notice;

2. If they still do not agree then you will have to file a suit in the civil court for partition;

3. Also try to claim the maximum from the grocery shop because your father used to handle all the business;

4. With respect to the mansion again you can claim maximum share stating that your father also had an equal share;

5. You are eligible for more than one room.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If they donot agree for equitable partition you have remedy to file the partition suit on the property in the civil court.

Sir the suit shall be filed in the civil court at burdwan district so you can engage a local advocate to take care of the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Check all the documents first,

And as you are the successors of the family, you should have rights of half property, of the wholesome.. If yours father areonly two brother.

Chanda Singh
Advocate, Noida
6 Answers

Not rated

1. There is no value of any will unless grant of probate for the same is taken from the Court.

2. In case of the demise of your father without writing a will, his properties will be equally inherited by your grandmother, your mother and you (if you do not have any sibling).

3. So, after the demise of your father, your late grandmother (who was alive at that time) will inherit 1/3rd share of his properties including the shop and after the demise of your grandmother her said 1/3rd share will be equally inherited by all her legal heirs which include you also.

4. It will be prudent on your part to settle this part of the dispute with you uncle by paying him some consideration for selling the said shop.

5. Oral will without any irrefutable evidence has no value. You shall inherit equal shall of the property left by your late grand mother, intestate, along with all her children.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You shall have to file a partition suit claiming equal share of the mansion and other properties left by your grandmother.

2. You shall have to file the said partition suit before the Court at Burdwan if that is the only property you are seeking partition of.

3. If there are multiple numbers of properties including one at Kolkata, then you can file the partition suit before the appropriate court at Kolkata.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You have not stated that under whose name the proeprty stands.

If it is a family property and it still stands in the name of your grandparents, then it will devolve equally on all their own legal heirs i.e., your father and his siblings.

That way you and your siblings and your mother shall be entitled to one such equal share at par with the other legal heirs of your grandparents.

If there is no amicable solution or partition or family arrangement then the next option ios to approach court of law with a suit for partition and separate possession of your legitimate share in the proeprty.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If my paternal uncles are not agreeing on equal distribution of the mansion then what is best steps from my side in that scenario.Can u help me in that.

File a suit for partition of properties before a court of law and seek separate possession of your legitimate share with good and bad soil and divided properly by metes and bounds.

I reside in kolkata & the property mentioned aforesaid is in burdwan district of west bengal , so if you can help me regarding this it will be very much helpful otherwise if you recommend any other lawyer in kolkata it regarding this it will be equally desired.

You can look for a lawyer hailing from your place from this forum too.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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