Legal Question in Real Estate Law in India

House Property
We have ancestral property in Nagpur (M.S), originally which has been owned and constructed by our three real Grandfathers with equal shares. These three grandfathers have sons and daughters. We are the coparceners in the Hindu Family. One of the coparcener (my uncle) is living in the aforesaid property since his childhood. As per Uncle as he has taken care of property and have taken responsibilities, he would get more share (over and above 1/3rd share). My question is that Can he demand for more than 1/3rd share. He also do not want partition as he has already taken more than 1/3rd share. His allegation is that as the property is not partitioned, I can use as per my wish. We seek your help to answer the above question.

Asked on 5/03/07, 6:35 am

Shrichand Nahar S.V.Nahar, Advocate

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Re: House Property

In law, nobody can demand any extra or larger share then his/her entitlement.

If the property is a dwelling house, without a formal partition, you or other coparceners may not be able to dispoe of the same.

Answered on 5/07/07, 3:11 am

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