Claim for ansestor divided property
2 years ago
We have an ancestor property. My elder grandmother was divided that property into 2 partitions. One goes to their one son and the other goes to her daughter-in-law (my mother). We are 4 sisters and 2 brothers and my mother make 100% will in favour of one son without taking the consent of anyone. Now she is expired. Can we file a civil suit and claim our right to that property.
A.Dear Sir,
You can deny everything and claim share in that property. If possible get possession of some portion of property and continue litigation as it may go for years together. You will get your share.
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You can deny everything and claim share in that property. If possible get possession of some portion of property and continue litigation as it may go for years together. You will get your share.
Rate me Five Star*
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
When all the owners do not agree to the terms of division of the property and want different terms, one or more co-owners can file a partition suit in the court which has jurisdiction. You may proceed to file a civil suit and claim your right to the property.
If you find my answer helpful then kindly rate me.
When all the owners do not agree to the terms of division of the property and want different terms, one or more co-owners can file a partition suit in the court which has jurisdiction. You may proceed to file a civil suit and claim your right to the property.
If you find my answer helpful then kindly rate me.
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A.Hi,
You need to approach a civil court with all relevant documents and file for partition filing a suit for partition. The property has to be divided into metes and bounds before you can sell your share. As there is a dispute you need to approach the court. you should file a partition suit in the civil court.
If you find my answer helpful then kindly rate me.
You need to approach a civil court with all relevant documents and file for partition filing a suit for partition. The property has to be divided into metes and bounds before you can sell your share. As there is a dispute you need to approach the court. you should file a partition suit in the civil court.
If you find my answer helpful then kindly rate me.
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A.If you grandmother has partitioned the property in accordance with the law then the property which came to your mother has become a self acquired property in her hands which she can do anything as per her wish. So, if she has decided to give that property to only one son then there is nothing that can be done.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If your elder grandmother made partition of the property in registered manner, then the property no longer remains the ancestral property and became self acquired property of your mother. Your mother was fully entitled to give her self acquired property to any person of her choice depriving her legal heirs and heiresses.However,in absence of probate your mother's Will remains inoperative and in such case all her six children will inherit the property.
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