• Ancestory property partition law

Dear sir/mam
 1. During partition of my ancestor property , my share was not alloted to me. It was taken by my father and registered patta on his name.

2. Govt took the land from my father for the purpose of Scheduled communtiy people welfare scheme and gave the compensation to my father . 

3. I was told by peoples that govt took the land so it overrule all other things. Govt doesnt care about anything.

 I didnt get my share from my ancestor property and have also no compensation .
Is anything legal point is there or its over ?
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

When did your father receive compensation?

2) you can issue legal notice to your father and claim your share out of compensation received by your father

3) if father refuses to pay then file suit to claim your share out of compensation received by your father

Ajay Sethi
Advocate, Mumbai
97638 Answers
7903 Consultations

File a suit against your father for seeking your share of compensation/sale proceeds that was wrongly awarded in favour of your father. You could send a legal notice to your father before hand filing this suit.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

On father demise his property would devolve on your mother you and your siblings

You can file suit for partition to claim your share in deceased property

Ajay Sethi
Advocate, Mumbai
97638 Answers
7903 Consultations

1.Since your name was not registred in pata the conoensation is likely to be made to your father only.

2. Now to claim your sahre you will have to raise claim with the Revenue Collector so it grants your share of money in your name only.

3.So make an application in that regard.

Devajyoti Barman
Advocate, Kolkata
23358 Answers
524 Consultations

Sir,

Who ever inheritors of your father enjoying his property are liable to pay you the compensation.

you can issue legal notice to recover of your share.

Thanks,

Niranjan,

Mobile/whatsapp - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

If you say that it was ancestral property what prevented you from objecting settlement of compensation amount to your father alone.

You could have given an objection letter and sought your share in the compensation amount.

In my opinion you are thinking that your grandfather's property is ancestral property.

If so, then you have misconceived the provisions of law.

Your grandfather's properties are not ancestral property to you.

Your father shall be the absolute owner of the property and you cannot claim a share out of the compensation paid to him.

Especially at this juncture when your father is no more, any claim in this regard may not be maintainable

T Kalaiselvan
Advocate, Vellore
87833 Answers
2366 Consultations

You cannot claim be entertained by the government at this stage when they have already settled the payment to your father.

Even a case before a civil court may not be maintainable.

You may consult a local lawyer with relevant papers to look for any loophole.

T Kalaiselvan
Advocate, Vellore
87833 Answers
2366 Consultations

Property which has remained undivided for four generations would be ancestral property

2) in present case property was duly partioned abd your father share acquired by govt

3) you would not have share in compensation received by your father

Ajay Sethi
Advocate, Mumbai
97638 Answers
7903 Consultations

First of all understand the meaning of ancestral property as per law.

Ancestral property means the property acquired or in possession of your great grandfather should have passed on to next three generations without any partition in between, then the property shall be considered as ancestral property in the hands of fourth generation.

There was a partition of this property when it came to your father's level hence the character of ancestral property extinguished because it has not went to the fourth generation, therefore it cannot be considered as ancestral property.

Moreover the mount has already been settled to your father hence no claim by you shall be entertained by the government with regard to compensation.

T Kalaiselvan
Advocate, Vellore
87833 Answers
2366 Consultations

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