My father has divided our ancestral land according to his wish. He has divided the land into 4 parts. 3 parts are for me and my brothers and 1 part for my mother. In the papers, it is written that after my mother's demise her land will be under my brother's son (my father's grandchild). Is this possible or ancestral land should be divided equally among children and wife?
A.Dear Sir,
If it is ancestral property you will get birth right as such father cannot divide the land as per his whims and fancies. Better you file a partition suit claiming your share and thus prevent him from proceeding further in dividing the land which is ancestral property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.hi
The ancestral property must be divided equally among all the legal heirs as per the Hindu Law. Therefore you have complete right to ask for equal share in the ancestral property.
Thanks.
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A.hello
As per the hindu law the ancestral property must be divided equallly among all the legal heirs. So your father has not divided the ancestral property according to the law therefore he need to divide it again,
Thanks.
A.If it is the ancestral land then your father is wrong to divide the land in that way as the ancestral property must be divided equally to all legal heirs as all of them are coparcerners as per the Hindu law.
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
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