The usual problems with property after death of elder person in family.

The Story:
My Grandfather died without any will of the property in Hyderabad. We were very huge joint family in Hyderabad, living in a huge building there, my grand father have 3 sons and 5 daughters, he used all of his son's saving to build up this property and named it on his wife's name(Grand Mother), Which his son was okay with since its a family in the end and they love their mother, all five Daughters been married (with dowry) and living separately.

We happen to shift to Mumbai for various reasons about nearly 10-12 years ago, but we kept our flat locked. Now my grand father died and my grand mother hardly have any sense to understand anything because she is quite old and no body live in that big house since my grand father had deal to a builder to make this building, just few months ago before he died. though the builder have already started the work by breaking stuff but he didn't come to point to touch our flat, since we have our stuff left and it was all locked.

Now we don't know where is the property paper is and all my dad brothers/sisters wants to sell this property, apart from my dad's younger son, he is acting more greedy and kind of have a view to take more then 75% of share in the property, he and his son have bad criminal record and he always lived on my grand father money.

so here are few questions, I have if anyone shed a light on it will be very helpful;

1. How do we get new property documents since the old one gone missing?

2. How do we go about selling this property, since my grand mother is not her sense to understand anything?

3. How do we divide our shares?
one of the lawyer suggested, since there are 9 members(3 sons + 5 daughters + wife(grand mother)) in the family, you guys can divide share into 12 parts, each daughter will take one part share and mother(grand mother) will take one part share as well, and each son will take two shares.

Kindly help us on this by advice.

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  • Hi Sunny,

    Its actually on my grand mother's name and she is alive, can't she lodge a complaint about the loss of document and get a new document prepared?

    so there is no way she can sell her own property, why do we need permission from high court?

    again the property isn't my grand father's name.