Ancestors property
2 years ago
The land of my ancestors, I want to get it rebuilt after the death of my father and father brother, but my sibling, the son of my father brother, is refusing to share the land and also refuses to give way in those fields. And refuse to divide the land by measurement and saying he did not divided land and not giving way to land
Ranjith Gotur
Responded 2 years ago
A.Hello,
You can file a suit for partition soon and get an order from the court.
You can file a suit for partition soon and get an order from the court.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.You can file suit for partition and mandatory injunction.
Helpful
Helpful
Share
Tanmoy Chattopadhyay
Responded 2 years ago
A.Serve a legal notice and file a suit for partition. In case there is any element of criminality in their prevention then report to the police. Better meet a lawyer immediately.
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.file partition suit.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
To carry out the redevelopment work in the property, all the legal heirs who have a share in the ancestral property must agree to it or you will have to obtain a NOC from them, otherwise you cannot do any developmental work. You may file for partition suit to get your share allotted and divided and then you can carry out the developmental work.
If you like my answer, please rate me.
To carry out the redevelopment work in the property, all the legal heirs who have a share in the ancestral property must agree to it or you will have to obtain a NOC from them, otherwise you cannot do any developmental work. You may file for partition suit to get your share allotted and divided and then you can carry out the developmental work.
If you like my answer, please rate me.
Helpful
Helpful
Share
A.Hi,
All the legal hires have equal rights over the ancestral property. So in order to carry out any transaction or redevelopment, you will require approval or NOC from each of the legal heirs.
All the legal hires have equal rights over the ancestral property. So in order to carry out any transaction or redevelopment, you will require approval or NOC from each of the legal heirs.
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.By giving legal Notice for partition,Partition Suit is required to be instituted by you.In Partition Suit,if you get Status quo Order at the first instance,then your father's brother's son will not be entitled to change the nature and character of the property during pendency of that Suit and when Preliminary Decree will declare the shares of respective parties in that property and appointed Advocate Commissioner/ Surveyor to do the needful for division of the property by premises enquiry as well as by drawing of Plan in this regard indicating specific demarcation( through different colours) of the property division in favour of each of the Parties with respective way of egress and ingress and Final Decree will effectuate that division of property accordingly and thereafter on the basis of such Final Decree,by executing a registered Partition Deed by giving Government imposed Stamp Duty and Registration Fee (upon the Government imposed Market value so to be calculated upon the biggest share or if there is equal share then calculated upon one share) and other associated charges,the Parties have to complete the Partition of that Property.
Helpful
Helpful
Share
Vaidehi Samant
Responded 2 years ago
A.If it is ancestral property than any kind of transaction in the property to any of the persons whether family or non-family will require NoC of all the alive persons of the family who by way of copercenary own share in that particular property whether sons, daughters or wife of that person irrespective of their Marital status and if no alienation of the property has been done prior to 20.12.2004. I hope this clears your query.
If you found this advice helpful then please provide review and give *****. Thank you.
If you found this advice helpful then please provide review and give *****. Thank you.
Helpful
Helpful
Share
Read Related Answers
Tree near boundary
Dear Client,
It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
Property way dispute
Dear Client,
You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
Suit for Declaration Clarification
Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
Regarding Preamtion
Dear Client,
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
Building house on land assigned for shop
Dear Client,
Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location