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Author Topic: Property Partition Issue with Family  (Read 487 times)

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Offline BB

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Property Partition Issue with Family
« on: June 02, 2016, 07:41:09 AM »
My father has four daughters only no son. I am elder and married.
My grandfather has three child's two sons and one daughter.
My father is elder one. My father is died 1998 in accident after that we are living with my mother and grandfather at our village. my mother takes responsibility of us as well as my grandfather and grandmother. 
my uncle is living out off village for job with his family.

My grandfather has 18 acre agriculture land out of which he owned 10 acre.

Now my Uncle and Grandfather are saying that they are not giving partition share to my mother.
He (grandfather) is planning about to create will and give all land property to my Uncle only.
At present all property is named to only my grandfather.

In such situation What should my mother to do and How much partition share should my mother get...Please help.

Thank You

Offline advswagata

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Re: Property Partition Issue with Family
« Reply #1 on: June 02, 2016, 08:32:19 PM »
the property which is owned by your grandfather is it self acquired or ancestral

Offline BB

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Re: Property Partition Issue with Family
« Reply #2 on: June 02, 2016, 09:58:42 PM »
Thank you Swagata

18 acre Total land =8 acre Ancestral + 10 acre Acquired 

What was share of my mother.?

Offline adv.amarnath

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Re: Property Partition Issue with Family
« Reply #3 on: June 05, 2016, 12:47:53 AM »
As per Mitakshara law, you have rights over the ancestral property but not in respect of self acquired property. You can bring partition suit in respect of ancestral property
Regards,

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

 

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