How to divide property: People living in cities and working in jobs often face the problem that they face difficulty in taking possession of property in the village. Uncles and aunts living in the village often create hurdles in this work. In such a situation, what options and rights do you have?
Property Right: Suresh Kumar, a resident of Samastipur in Bihar, has been working in Delhi for the past 10 years. Due to a good salary and a permanent job, Suresh built his own house in Delhi and the whole family shifted here. Suresh, who is over 40 years old, has lost his parents and grandfather. Obviously, Suresh now has direct ownership of the property in the village, but his uncles living in the village are not dividing the property and are claiming the entire property. In such a situation, what options and rights does Suresh have and how can he get the ownership of his property.
Pradeep Mishra, an expert on property matters, says that in such cases, filing a property division suit is the most effective and safest way for him. This suit can be filed by any party involved in the shareholding of any property. The fee for this suit is just Rs 500 and some documents are required before filing it in the court. You also have to get it registered in the sub-registrar’s office.
Which documents are necessary
- ID proof of the legal heir
- Certified copy of all title deeds of the property with details of the property
- Valuation of the property
- Birth and residence address of the legal heir
- Residence certificate of the heir
- Original death certificate of the deceased owner
- Residence certificate of the deceased
File the case within 12 years
The most important thing for you is that you must file a case for division of your property within 12 years of the death of your father or grandfather. Under the property law, if your uncle or paternal uncle uses this property for 12 years or has monopoly over it, then you may have to face many legal difficulties in taking possession of it.
There is another way…
Apart from filing a suit for property partition, you can also divide your property through a partition deed. This division takes place with the mutual consent of the co-owners of the property. However, it is necessary for this that the deed is written on stamp paper and also registered in the sub-registrar office. Some things should be included in this deed. Such as resolution and settlement of the dispute, who has what share after the partition, production of title deeds, mention of all the circumstances and information about the existing laws are necessary.
