• Partition in undivided family residence

Dear sir/madam,

I am residing in dakor city in Gujarat.
The house in which I live with my wife, son and two unmarried paternal uncles is originally may father’s and two paternal uncle’s mother’s house because my father’s mother was the only child of their parents. They had three sons my father and two uncles and 4 sisters. Currently in this house their all 4 sisters right is already given away to these three brothers. This makes each brother having share of 33.33% each in undivided house.
Currently my father and mother both have expired and my two sisters have got married and living with their husband in nearby towns.
My dispute is….
After the death of my parents I have approached to my sisters and told them to release their right in our house and against that I am ready with all means to pay them properly. One sister and my two paternal uncles of age of 60 and 65, all are ready to give away their right in my favour but one sister who  has got married in rich family is not ready to give away her right.
As its obvious that my two uncles possess 33.33%  share in house making 66.66% of both of them and my both sister’s 11.11% (after my parents death, considering division of 33.33% of my father between 3  of us).
My question is my uncles and my one sister who is ready to give away her right should make a sale deed or relinquish deed in my favour making me in possession of 88.89%  share in undivided house?

Also in this house we have given ground floor to bank of India on lease for 10 years and that same sister is denying to come for registration of lease deed and hence we are not in position to make deed possible with bank. Although I am ready to pay her the rent as per her holding. i.e. 11.11%

What shoud I do in this scenario?
Asked 3 years ago in Property Law from dakor, Gujarat
Religion: Hindu
1) if your uncles/sister execute sale deed in your favour you would have 88.89%share in house . 

2)in the alternative your uncles can make will in your favour 

3) you would need your sister consent to give premises on lease basis . 

4)partition deed can be made among family members for division of property by metes and bounds .

5) in the alternative file suit for partition 

Ajay Sethi
Advocate, Mumbai
45424 Answers
2669 Consultations

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