Regarding Ancestral Property Regarding Ancestral Property

2 years ago

I want to claim my share in my ancestral property,which is now in my parent's name.I would want to know how will it be divided & what is the process to get my share to sell?

Anik

Responded 2 years ago

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A.First of all, for the sake of clarification, A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor. So in your case as well, this is how your ancestral property will be divided.

In order to get your share to the property, you can file a suit for partition in the civil court, claiming your share.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.During the lifetime of your parents,you can't claim partition. After their death without any Will,you can claim amicable partition of your share in registered manner and in default,you are entitled to file Partition Suit for Declaration, Injunction & status quo and Partition.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Depending on your background and which state you are in you can move an application for partition of property by filing a partition suit in the local civil court. You may approach a lawyer to file a partition suit and the ld. lawyer shall be able to guide you properly.
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