• Distribute ancestral property according to family settlement

My Grandfather mother's( already has 3 childrens) has 2 marriages and both are legal. 1st husband already has 2 kids. they doesnot has their own kids. With Family settlement 3 home distribute in 3 brothers verbally but not in papers. we are living there (in our portion) from 50+ years and this is the 4th gen who is living there. my father and grandfather was died 8 years ago and now the real son of our step grand wants to leave us from that house. because in property papers there name is still mention and we are getting only small portion of that house. is there anything we can do on this. because they are my wife in laws(Chacha Sasur). is there any widow rights which we can claim on that, as my mother married in this house only. the property is ancestorial and not equally distributed. among this property there is another property of 10 biswa in which in laws residing. that property was not distributed between second wife's 3 sons. can we claim on that property also. as there is no will of step grandfather. kindly let us know what we can do. what rights my mother has and what rights the grandchildrens have.
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

it is difficult to prove oral family settlement

2) in case your step uncle wants you to vacate your portion of house refuse to do so

3) file suit for partition for division of ancestral property by metes and bounds

4)you can claim share in 10 biswas land which was not distributed

5) step children have no share in step father properties

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

The daughters' or daughters in laws' rights in the ancestral property shall come into effect only after the central amendment to the succession act in the year 2005 becomes effective and as per the criteria as mentioned therein

Whatever you have mentioned in your question do not correlate to each other statement, hence it will be better you produce all the relevant documents and other details before a local advocate who is well versed with the property matters and proceed as per his advise

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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