Ancestral Property Issue Ancestral Property Issue

2 years ago

Hi,my Father's younger brother (uncle)  is staying and doing farming at our ancestral property from long time,he has even constructed a new house in the same ancestral property without our consent.My father passed away last year.My father had totally 4 siblings.As all others are well settled, nobody is interested in ancestral property.
When my mother asked about our share in ancestral property, my uncle has refused to give stating that he has developed land for cultivation and doing farming.
Can you suggest how can we proceed legally?

Anik

Responded 2 years ago

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A.Hi,
You can approach the court for partition. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner. You can approach a lawyer to file the partition suit.
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Abhimanyu Shandilya

Responded 2 years ago

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A.You need to file a partition suit in the civil court under whose jurisdiction your land is falling. Once you have filed the partition suit then the curt will summon all the legal heirs with the property papers and accordingly the partition will be effected.
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