Legal Question in Intellectual Property in India


I need some help to solve out the issue.

My fathers family comprises of 2 elder brothers, then my father and a younger sister. My grandfather passed away when my dad was 5 years had a property of around 100 cents, and partitions have been made on the concept of good marriage for their sister. More than 50 percent of the property is with my dad's sister. My dads share comes at the end corner for which there is a way of less than half meter. All of this has been decided and documented. But we are facing issue with the width of the way we have got, and they are denying the path. My dad's sister is in a good economic situation but both of my dad's bro are really struggling, and we are helping them in good ways. All the brothers sacrificed the better portion of land for the marriage of their sister, and she is not bothering to help back or come to a compromising mode. And when asking about this , both dad's sister and her husband has been reacting furiously putting all the words which we should nt allow in a family. So its a kind of wired situation here. My grandmother has also passed away and she has her name in my dad's property. My dad is willing to give anything for his brothers. We need a good width way, which seem to be '' impossible thing'' . Since this structure has been documented, is there any scope for making a re-partition on equal basis as per the request submitted by all 3 elder brothers?

Asked on 6/16/13, 12:09 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

If your late grandfather had then documented the entire partition process of his property, there is nothing you can do now to increase the path access to your father's house or make a re-partition on equal basis. In actual fact, since your deceased grandmother's name is in your father's house, your uncles and aunts can still claim a share in your father's house, you need to be on guard and play safe.


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Answered on 6/17/13, 6:12 am

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