Ancestors property 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.
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Sidhaarth

Responded 2 years ago

A.You can file suit for partition and mandatory injunction.
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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.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.file partition suit.
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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.
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Anik

Responded 2 years ago

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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.
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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.
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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.
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