• Property land and constructed house

Dear Sir
I am layman in terms of law, I am trying to put the case ......

The property land is of my grandfather, My dad is the eldest son out of 4 brothers, the property patta is in name of my dad and one more uncle only. My dad has constructed a small house and he stays here for last 15 years, he pays the electricity bill, water bill for all 15 years and on.

Now my 3 uncles has come to divide the land, My question is will it be divided into 2 parts as there in the patta or 4 parts for 4 brother's. 

If this left for long time without any govt procedure, will this property come to the legal heir to the son and daughters of my dad.

Thanks and Regards
Raja
rajacbe212@gmail.com
Asked 10 years ago in Property Law

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3 Answers

if it is self acquired property of your grandfather on his death each son has 1/4th share in property . on what basis was property patta made in name of 2 legal heirs ie your father and uncle . it is better to resolve issue amicably among the brothers rather than litigating in courts . on your father demise his children will inherit only his share in property

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

Above explains the legal position.

Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

Was the property patta in the name of 2 heirs of your grand father made in terms of a settlement deed executed amongst the brothers? Was such a deed registered? If no settlement to this effect was reached then all the sons of your grand father have an equal share i/e 1/4th share in the property irrespective of the fact that patta is in the name of 2 heirs only. It will thus subserve the interests of all the heirs if they sit together and resolve the differences amicably instead of dragging the matter to the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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