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Legal service India => Property laws => Topic started by: Arnab on December 04, 2015, 09:14:20 AM

Title: GrandParent Property dispute
Post by: Arnab on December 04, 2015, 09:14:20 AM
Hi Experts , I have some queries .

1. There is a piece of land that is in the name of my father and 2 uncles .This land is actually my grand father property but not mutated and not registered. My father has 4 sisters and 2 brothers . Do the sisters have any share in this land . Their names are NOT mentioned in the deed.

2. There is a piece of land which belongs to my dad and 2 of his brothers. One of the brother has expired and his son is NOT ready to divide / share. What can we do about it ?

Title: Re: GrandParent Property dispute
Post by: advjaya on December 04, 2015, 07:51:28 PM
Kindly clarify this "There is a piece of land that is in the name of my father and 2 uncles"

How can your grandfather's property be in your father and uncle's name without mutation?
Title: Re: GrandParent Property dispute
Post by: adv.amarnath on December 07, 2015, 08:26:11 PM
If the property in question was your grand father property then after his demise your father along with his siblings became the joint owners even some of their names have not been mutated. Let me tell you that mutation does not create titles as per apex court judgement. Mutation means that the person is in possession of that property.

Further, all the sisters of your father have rights over the property as a joint/ co-sharer. When a question of your cousin who is not at all interested to partition the property, then rest of the so-sharer can file a partition suit against him.

For further clarification and consultation in details you can contact me
Title: Re: GrandParent Property dispute
Post by: saman on December 07, 2015, 09:47:01 PM
Hello there..
Iam from jammu and want to know about the rights ...We have an ancestral house on the name of my father and my uncle (fathers real elder brother).We are 6 members in the family ....myself my wife my brother his wife and their 7 years son and my father.we all want to sell the house and get the share and live sepeartely...but my brothers wife is creating an issue saying that she won't let us all sell the house .....We all want to get rid of that as she is the only nuisance and trouble maker in the house please advice does she have any right to take action against my father and uncle.
What are the options we have
She is continuously torturing my father and brother and she is torturing my wife mentally too