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Remaining property - cheating with my father Remaining property - cheating with my father

3 months ago

My father is retired army.. Now I'm 1st year LL.B studying in govt law college .... My grandfather (age 78) having 2 son and 1 daughter .. First son is my father and another my father's younger brother(he is farmer).. My grandfather gave his property to my father's younger brother 80% property with road side. ... But my grandfather not buyed any property..That property bought their parents before something 1967.. Remaining 20% property they are telling come and write and go with your sister (5%) sister is supporting to younger brother only..we don't have financial support.We dont have any local support.. Here after what to do. .is there any option to broke that 80% property.. Give any suggestions please..

Anik

Responded 2 months ago

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A.Dear Client,

While more details are needed for a comprehensive response, if your grandfather inherited the property from his parents and it remains undivided, it is considered ancestral property. An individual has a birthright to ancestral property, typically referring to property inherited for four or more generations. In the case of your grandfather's property, the grandchildren are entitled to an equal share since birth. If your grandfather attempted to distribute the property unfairly, as a legal heir and coparcener, you have the right to challenge this. To claim your rightful share, file a partition suit in a Civil Court, seeking an order for the partition of the ancestral property. Seek guidance from a lawyer for the necessary steps in this process.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Although your query requires more details to address suitably, it may be noted that if the property is inherited by your grandfather from their parents and it remains undivided or not partitioned by a decree of a court, it becomes an ancestral property. An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The property of the grandfather in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The property inherited by your Grandfather is classified as ancestral property and he himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving a legal heir/coparcener of his legitimate right to said ancestral property. In the given situation, to obtain your share in the said property, you being a legal heir/coparcener have to file a partition suit before a Civil Court praying for an order of partition of the said ancestral property. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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