• Property dispute

My grandfather had 5 sons. He built a house but died early when his children were young. The family continued to stay in the same house but later 3 brothers moved out in search of better opportunities. At present the status is that none of the brothers are alive but the family which continued to stay in the ancestral house has taken control over the whole house. They are neither interested in partition (which looks highly unlikely) or are ready to vacate so that the property could be sold and profit shared amongst children of all brothers. Property papers are also not traceable but property tax is being paid regularly separately by individual brothers families.
What can be the solution to this problem where the majority family members want to dispose the property.
Asked 6 years ago in Property Law
Religion: Muslim

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11 Answers

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

 

2) seek injunction restraining sale of property pending hearing and final disposal of suit 

 

3) if house cannot be partitioned court would direct sale of property and division of sale proceeds among legal heirs 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Dear Sir,

The best solution is to enter into deed of family settlement / partition so that you don’t have to go to court; but if any such attempt fails :

1. You can file a partition suit claiming your share of the property,

2. Get the property partitioned and divided by meets and bounds,

3. If the property is not a dwelling house where all the co-owners are staying together, you can sell your share to a third party,

4. If it is a dwelling house, you shall have to offer to sell your share to all the other co-owners at the same price which you are getting from the third party and if they refuse to buy the same, you can sell it to the third party.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1) You can get all mutation papers from revenue department and few papers from municipal corporation how other siblings are paying taxes on their name.

 

2) First prepare file from day one of purchasing the house and build by grandfather. Death of grandfather and his legal heirs. Prepare the family tree and according to that sharing ratio.

 

3) Once you have clear picture of sharing ratio as per Muslim Personal Law, than you will come to know that how much is your share in that property. Than you can ask your share in whose possession the property belongs.

 

4) If those who have possession are ready to purchase your share than well and good, otherwise you can keep proposal of redevelopment or selling of the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

what i understand is that the property is still registered in the name of Grandfather, 

pls tell-

1. whose name is showing in property tax documents, however the same has no concern with the ownership of property?

2.you can trace the property registration paper from tehsil of the concened area with the help of property number mentioned in property tax documents.

You are advised to make a claim on the property for distribution/partition being the legal heir of the said property.

the occupiers will have else to vacate the same or to give your shares to you/concerned person.

Its time to start LITIGATION

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear client, 

Property will distribute by 1/5th each in brothers and their share will inherit in their family.  File partition suit. If number of heirs is enough than court will order sale of property and distribution of sale amount according to share holding.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

a partition suit looks the only option here

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You can dispose the same by giving power of attorney to one person along with NOC

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

See a partition suit can be filed with the civil court seeking partition of the property along with an interim stay application . The court shall divide property by meats and bounds if same is not possible then court shall order to sell property and divide proceeds.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.File a partition suit in jurisdiction court. 

2.You can check it with local lawyer. 

3.When owners of jointly owned property can't agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The shareholders can file a partition suit seeking division of property by metes and bounds and with good and bad soil, if the division is not practicable then to bring the property for auction sale and to distribute the amount equally to all the shareholders as per their eligibility.

You can get the certified copy of the property document from the registrar office.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

1.  IRRESPECTIVE of the non-availability of the property documents,  "ALL" the residual Legal Heirs, can execute a "Family Settlement Deed", with mutual consent and signatures, with strategic clauses, clearly outlining the division  and distribution of the properties amongst the legal heirs.

2.  IF the above is not possible, file Civil Suit for partition and declaration.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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