• How can i get share of property

Late R. D. Tiwari
			____________________________|________________________________
		       |						        	|								  |
   Late. B. S. Tiwari	   			          Late. R. Tiwari					Late. K. K.Tiwari
										|
	    (Divided Properly)				        |			(Divided Properly)
````````````````````````````````````````````````````````````````|```````````````````````````````````````````````````
		(Undivided)						|				(Undivided)
      _____________________________________|________________________
     |						|					|		                	 |
Late. R.K. Tiwari		R.S. Tiwari			R.C. Tiwari			B.C. Tiwari
	|
	|
	|_________________________________________________________
	              |										                	  |
		M. Tiwari									              P.C. Tiwari


			> The land property is of my ancestors.
			> In 1st Survey(1903), land property was on my Great Grandfather's
                           name(Late R. D. Tiwari).
			> In 2nd Survey(1971), land property was transferred to my Grand Father's
                           name(Late. R. Tiwari).
Hello Sir!
 
 We(M.Tiwari & P.C. Tiwari) have land properties on my Grandfather's(Late. R. Tiwari) name. The property is not divided between my father(Late. R.K. Tiwari) and uncles(R.S. Tiwari,R.C. Tiwari,and B.C. Tiwari). My Uncles are not interested in partition.
 
 We want to get proper share of my father(Late. R.K. Tiwari). 
 So, > what are the ways by which we(M. Tiwari & P.C. Tiwari) can get our share of land 
           property ? 
	> Can we(M. Tiwari & P.C. Tiwari) get share without placing Partition Suit on my
            Uncles ? 
	 > Can M. Tiwari get share by placing partition suit on P.C. Tiwari ? 
	 
	 Please help me.
Asked 4 months ago in Property Law from Darbhanga, Bihar
Religion: Hindu
You have to file partition suit for division of properties by metes and bounds 

2) also seek an injunction restraining uncle from selling the property pending hearing and final disposal of suit 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
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For M Tiwari to  claim
His share in property he has to make all family members party to the partition suit 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Since there is no consensus among all the legal heirs to divide the property the heirs desirous of dividing it may file a suit for partition to cull out their individual shares in the property. The court will order division of property through metes and bounds notwithstanding the opposition of other legal heirs. The suit will have to be filed against the heirs who are not willing to partition.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
what are the ways by which we(M. Tiwari & P.C. Tiwari) can get our share of land 
           property ? 

M Tiwari and PC Tiwari besides any other legal heir have to jointly claim the share of RK Tiwari out of the share of R Tiwari now being held jointly by the heirs of R Tiwari by an amicable partition.



	> Can we(M. Tiwari & P.C. Tiwari) get share without placing Partition Suit on my
            Uncles ? 

If they agree for amicable partition, this can be possible.




	 > Can M. Tiwari get share by placing partition suit on P.C. Tiwari ? 


First Obtain your father's share jointly and then divide the same between yourselves.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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Can M. Tiwari get share by placing partition suit on P.C. Tiwari ?

If PC Tiwari has already obtained the share of your father, then you can file a partition suit against him claiming your share in it, if not all others have to be impleaded in the suit.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0

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