Partition of Hindu Undivided Property
My grandfather died 3 years ago without a will.The legal claimants of his property are my grandmother, her 5 sons(including my father) and two daughters. My father,grandmother and 3 uncles and the 2 aunts had decided to sell off the property but one uncle doesnot want to sell it. As the property is undivided we need to sell it for getting our share. So,can we claim the partition of property so that each heir can use his share in his own way. The property consist of a house and some land behind it. Since, the property is small but valuable(2 crores).How can it be divided ?
Asked 2 years ago in Family Law from Bokaro Steel City, Jharkhand
since there is no will the property will be divided between all the legal heirs of your GF
Advocate, New Delhi
Hi, it is better divide your property through partition.
Since there is no consensus amongst all the share holders towards selling the property all the share holders desirous of selling the property may file a suit for partition to cull out their respective shares in the property. Once the property is divided in this manner it can be sold by them.
your uncle dosent want to sell the property . further you have stated that property is undivided . under the circumstances only option available is to file suit for partition to cull out respective shares in the said property