Legal Question in Civil Rights Law in India
My grand father passed away without a will (intestate). Grand mother and 6 children partitioned the property of grand father. One of the children did not sign in the partition agreement. My grand mother sold the property she got from the above partition to my father for Rs.50000. Grand mother also pass away now.
Questions:
1. Since one of the children did not sign in the partition, the partition will not go through. Right?
2. What will happen to the property sold by grand mother to my father? It was also grand father's property. Does other children have the right to the property which my father bought from grand mother (In agreement also the amount for which he got is mentioned)?
3 Answers from Attorneys
you were replied the same yesterday.
03.05.2013
Dear Sir / Madam,
You will have to file a writ petition in the Court for partitioning the property, as in the absence of a Will, all the children have an equal right and share in the property.
Regards,
You need to file suit for partition.
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