Legal Question in Civil Litigation in India
Dear Mr. Nahar,
Dear Sir/Madam,
Our grandfather who passed away in 1964 had left his property without a will or transfer where one of his sons were staying. He (our uncle) passed away in 2012. By that all the 6 children of our grand father have died. Presenlty there are 12 grand children and the wife of the last uncle who died.
Since the property remains undivided, I would appreciate your valuable reccomendation based on the following aspects:
1.This is a Christian family.
2. some of the grandfater's children married non-christians.
3. Grand father had 6 children (1 remained unmarried, 1 had no issues) All of them are no more.
4. We are children of the rest 4.
5. Presently we 12 (cousins)(from the 4 children of our grandfather) plus the wife of the last uncle who died recenlty are fit to contest.
The main issue is How to go about the partition?
Please give us a guidance on the said isuue and oblige.
regards
Dilip
As such our property as stated above need to be shared among the offsprings equally. How to start the dialogue for the same. and since each of us is eqully a beneficiary, how to go about it? Does one who is in possession of possession certificate or 'the land tax original receipt' or the possession of the deed has any effect? As such I have the fear that the uncle who died recently has purposely burned the original deed due to unknown reasons.
regards
Dilip
2 Answers from Attorneys
approach a local lawyer
You need to first arrive about the shares held by each family for which family tree has to be established. Get an property expert opinion to solve this issue. It can be easily done or else issue a legal notice for partition.
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