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Author Topic: Want to save my grandfather's house  (Read 529 times)

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Offline shubh

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Want to save my grandfather's house
« on: July 03, 2015, 06:54:13 AM »
My Papa is having an issue related to his father's property.
My grandfather have 4 sons & 4 daughters, both my grandfather and grandmother died.
There is no will or any partition being done, however this make everyone to have equal share when partition.

2 of his sons are staying in the house and bearing total house taxes and everything (i have all the tax paying recipt) and rest 2 are are just doing nothing and want this house to sell.

The problem is two of my uncle wants to sell his partition which will break the house. Rest of us are against this breaking and partitioning thing.

Please give me suggestions how can i save my house.

Is this possible that they can sell the house without our permission ? Even if its not been partitioned?

I want to avoid the partition because the moment we do this, they are going to sell their partition and house will break. Please help me.

Offline Advocate M.Bhadra

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Re: Want to save my grandfather's house
« Reply #1 on: July 03, 2015, 10:22:53 AM »
Ask you father to file a Suit for Partition and Injunction in Civil Court, if court would grant an injunction over the property then they can not sell their share to the outsider/stranger. Otherwise your uncle can sell their proportionate share to anybody in even undivided nature of property. In this situation your father or others uncle can file a Suit for Pre-emption Right to return back of this portion.

M.Bhadra,advocate at Kolkata,9836589246


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