A.
Dear Client,
A house or building erected or constructed on the ancestral land is classified as ancestral property and the status of that ancestral property cannot be affected by any legal heir/coparcener without the consent of other legal heirs/coparceners who got the right to said property by birth. In the absence of ownership documents, you may visit the office of the concerned Land Revenue Officer and based on the property tax or khajna receipt, you can obtain mutation details and other particulars of the land. Upon receipt of the land records, you have to apply for a legal heir certificate from the concerned Municipal Authority/Tehshildar under whose jurisdiction the property is situated along with an Affidavit to be sworn before the Ist Class Judicial Magistrate stating all the particulars of the surviving legal heirs like name, age, address and relationship with the deceased owner and on receipt of legal heir certificate from the said authority, you have to file a partition suit before a Civil Court praying for an order of partition of the said undivided ancestral property and based on the order of partition suit, a deed of partition shall be made and registered with the registering authority to obtain individual shares in the property by all the legal heirs/coparceners. Reach out to a Civil Lawyer for guidance and steps.
Posted On 28-Jan-2024
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