Legal Question in Real Estate Law in India

This is regarding my great-grandfather's property. He made no will and not even divided his property amongst his four sons. Now, his four sons mutually decided their shares but did not legalised the same.

Present status of the property is as follows:

Out of his(great-grandfather's) four sons -

Eldest son (my grandfather) died,

2nd son sold his portion to my father,

3rd son is occupying his share that was mutually decided

4th son sold his mutually decided share to 3rd son.

Now the problem is : My late grandfather's share(that was mutually decided) is being occupied by my aunt(his daughter). My grandmother is no more.

My father is living on the portion which he purchased and renovated the same with extra cost.

My father wants to settle down this issue and wants to legalise his portion. Basically my father wants to go for partition deed but my aunt is not ready for that. he should get his share from my grand father's share but he is deprived of that as well.

Please advise how to solve this.


Asked on 9/06/10, 2:57 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

in case your aunt does not agree for mutual settlement your father has to go for suit for partition

Read more
Answered on 9/11/10, 11:47 am


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