Legal Question in Real Estate Law in India

Respected Sir,My Maternal Grandparents died an unnatural death recently.They have a lot of property scattered over punjab.They had 4 children, the eldest daughter,their second son is missing since a year, a third daughter and a deceased son who was divorced but had 2 kids.Since their death was unnatural a lot of people are taking interest in the land.How do we file a suit for declaration stating their 4 children and what should the terms be as to their missing son and deceased son's share and when can it be tranferred to the kids who are aged 12 and 15yrs.Their entore property is ancestral


Asked on 10/22/09, 7:55 am

4 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

If there are no disputes, you can approach a lawyer for drafting a partition deed and get it signed by all alive legal heirs.

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Answered on 10/22/09, 8:05 am
Shrichand Nahar S.V.Nahar, Advocate

As far as inheritence and succession by two sons and two daughters or their heirs is concerned, there appears no need to file any suit. The ownership vested in them on death of their parents without they required to anything further.

However, if some other people are raising or making any claims over the property, then these heirs are required to take suitable legal action.

These heirs are also required to apply for have their names mutated to the properties standing in the name of theirs parents in Revenue and other records.

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Answered on 10/23/09, 12:06 am
KAMAL GROVER

All of you have to file partition suit. contact us to get it done. mention your place in punjab.

Regards

[email protected]

Punjab and Chandigarh

09814110005

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Answered on 10/23/09, 2:31 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the property is ancestral, all the daughters, sons, their children and even the unborn child have an equal right in the property. all the legal heirs should get together and file a joint petition for grant of succession certificate/partition of the properties within the jurisdiction in punjab where the land is situate.

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Answered on 10/23/09, 3:29 am


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