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Author Topic: Ancestral property division  (Read 509 times)

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Offline noname

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Ancestral property division
« on: September 22, 2015, 01:22:44 PM »
To give a background on the situation.
My great grandfather owned two pieces of land - one where we have a shop (S), another one where we have our house(H).

He had 3 sons. All of them have passed away. These three grandfathers (G1,G2,G3) had - 4, 3, 3 sons (G11, G12, G13, G14, G21, G22, G23,  G31, G32, G33)

G1 and G2 have died intestate without any will. So in 1991, in presence of G3, a oral agreement was reached for partitioning property S

Then in 2001, G21, G22 and G33 partitioned the property. At that time H was still not partitioned. So a याददाश्त बटवारा was drawn up with type as वाखुदहा. This document talked about G21, G22 and G23 right in both H and S.

My queries are:
1. What is a  याददाश्त बटवारा and what is वाखुदहा? Relevance of these?
2. Given H was still undivided at that time, were G21, G22 and G23 correct in going ahead with division or did याददाश्त बटवारा  imply a MoU and not an actual partition?
3. Can a division be lopsided? I mean what if G21 wants 50% of the property and given 25% each. Is that a possibility?

Offline adv.amarnath

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Re: Ancestral property division
« Reply #1 on: September 23, 2015, 06:39:16 AM »
You just go to a lawyer for getting appropriate advice. Please explain that lawyer by your Hindi word and your G1 G2 G3 etc etc... It will not easy to understand your post and advice.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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