My uncle not willing to give my father share My uncle not willing to give my father share

3 weeks ago

My uncle not willing to give my father share of ancestral property in villages. My father expired in 2016

Anik

Responded 2 weeks ago

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A.Dear Client,

In the given situation, to assert your right to ancestral property, you must file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 in the appropriate Civil Court. In this suit, you should request an injunction under Order 39 Rule 1 & 2 of the CPC, along with invoking Section 151 of the CPC, urging the Court to exercise its inherent power in the interest of justice. Additionally, as a legal heir or coparcener of the ancestral property, you can initiate a partition suit before the Civil Court to claim your rightful share of the property. It's advisable to consult with a qualified advocate and provide them with the relevant property documents for guidance and assistance throughout the legal process.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 weeks ago

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A.Dear Client,
An individual gets the right to ancestral property by birth. In the given scenario, you need to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Apart from this, you being a legal heir/coparcener of the ancestral property, can file a partition suit before the Civil Court to obtain your share in the said property. Reach out to an Advocate with the property documents for guidance and steps. Reach out to an Advocate experienced in civil matters for guidance and steps
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Vidhi Samaadhaan Vidhi Samaadhaan

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