• Possible solution in case father and uncles don't agree on partition of ancestral property in bihar

Hi,

My grandmother died in 2013 and grandfather in 2015. They had not partitioned the property. They had given (not legally) some piece of land to each of the son for agriculture. They had 5 sons.

Now, 3 of them (including my father) are ready for logical partition but, 2 of them don't seem to agree on anything. They seem to be interested in selling land and live off the money. For us, partition is important. 

I am sure mine is not the first family to have this kind of issue. What is the solution for us right now? Going to court sounds time taking.

The issue is from a village in Samastipur, Bihar if it matters.
Asked 9 days ago in Property Law
Religion: Hindu

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8 Answers

- After the death of your grandmother and grandfather , the said ancestral property would be devolved upon all the legal heirs i.e. their son and daughter . 

- You can ask for the share of your father in the said property ,and on refusal can file a Partition suit before the court. 

- If not want to approach court , then you all should amicable settle the dispute ,and partition the said property after executing a registered partition deed from the office of the registrar. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

1. You shall have to file a partition suit demanding division of the properties by metes and bounds.

 

2. If the partition can not take place mutually, then you have no other alternative other than filing partition suit.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

Your only option is to file suit for partition for division of property by metes and bounds 

 

2) seek an injunction restraining sale of property by your uncles 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

If the legal heirs of your grandfather are not agreeing for an amicable partition to divide the properties left behind by your deceased grandfather who is reported to have died intestate, then your father can file a suit for parition to divide the properties equally on good and bad soil  by metes and bounds and to allot one such equal share with separate possession.

The suit for partition would be the last resort and legally proper and correct solution if other shareholders do not agree for an amicable partition or solution to this problem.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Only solution is to file partition suit before civil court

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. The ONLY Legal solution is to file a "Partition Suit" in the local Civil Court, even if it takes time.  This is specifically more so since other persons are non-cooperative.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Talk to them and say that first do partition of land and after that sell your part or do whatever you want to do with your part of land but we don't want to sell and majority is not agreeing in selling so in the end they have to settle the matter. Another thing you can do is every village has Panchayat and ofcourse you know that take your matter to panchayat they will help you physically settle the matter. 

Sanjna Vaishnav
Advocate, Gandhinagar
39 Answers

Not rated

You have to file a suit for partition immediately for getting your share..now if you kept temained silent..your uncle shall take the possession of whole property

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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