FAMILY DISPUTE IN ANCESTRAL PROPERTY FAMILY DISPUTE IN ANCESTRAL PROPERTY

3 months ago

My great grandfather was two brothers and they both had 8 children with only one son thats why grandfather. He has been residing in out ancestral house for past 60-70 year and he has 3 son and 4 daughter now and we dont have any document related to family ownership and my uncles wanted to acquire their partition form the ancestral house in which my father is residing for more than 15 years and he has spend considerable amount on renovation of the house. What claim do he have ??

Abhimanyu Shandilya

Responded 2 months ago

View All Answers
A.Dear Client,
Your father have equal share over the property as your uncle. All 3 sons and 4 brothers have equal rights over the said ancestral property. Get a legal heir certificate from your councillor or chairman of your area. Then get a legal heir certificate from court in affidavit format.
One person can not claim the whole property without out other person’s consent. It will be illegal to do so.

Thanks and Regards
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 3 months ago

View All Answers
A.Dear client,
You need to get a legal heir certificate. Based on your area you need to get a legal heir certificate from the local authority like a councilor or a Panchayat. You can file a partition suit. For better assistance consult a civil lawyer.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSapinda relationship
Dear Client, Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
question iconIs any legal obligation for me to share the property within my brothers and sister
Dear Client, All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
question iconMy parents trying to control my life they want to control me like papate.
Dear Sir/Madam If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
question iconMoney fraud done by brother
Dear Client, In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
question iconInquiry Regarding Maintainability of GWOP Case
Dear Madam GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory