Hii, yes you can file a civil suit for partition and declaration on behalf of your father .. If your father is alive then only he will be the petitioner to the civil suit .. If he is no more , then all the legal heir ( wife, son , daughter) will be the the petitioner ( party ) in the civil suit
Property rights
Dear Sir, We had ancestral property of 13.4 Acre of land and my father purchased 15 acre of land when he is in joint family out of my father income. However while partition between my father and his brother no share was given to my father only land purchased by my father only given. Now can I claim share of my father out of ancestral property of 13.4. If so where should I approach? Example: A had 13.4 acres of land and having two sons C & D. C had purchased 15 acres of land during joint family and registered in the name of Cs Wife. While dividing A’s land i. 13.4 acres taken by his second son D and 15 acre given to C which is purchased by C only. Now can I claim share from A’s property as a son of C. Thanks.
Asked 8 years ago in Property Law
Religion: Hindu
8 Answers
15 acres of land was your father self acquired property
2) however if said property was purchased out of joint family income then it would not be his self acquiredproperty
3)if partition deed was duly stamped and registered it would be binding upon parties
4)you have not mentioned on what basis you say it is ancestral property
5) if partition has taken place it ceases to be ancestral property and would be self acquired property of the parties
My father is alive. You mean to say I can't file civil suit.How can we file civil suit.
Asked 8 years ago
It is necessary to peruse documents cited by you to advice
If partition has taken place it ceases to be ancestral property
Your father is claiming share in the property therefore suit will be filed by him .. Civil suit will be filed in court through an advocate .. The district court Of your city in which the property is situated, will have the jurisdiction for filing of civil suit
District court in which the property is situated will have the jurisdiction. Also it will be filed through a local lawyer and it is advised that you contact a local lawyer with all the relevant documents, he will be able to advise you well.
Regards
C purchased the land on his wife's name hence it becomes her own and absolute property.
The partition stating that C will get only his part of the property is illegal because C is already the owner of his own property, in fact it is not even C's property but it is his wife's property.
If C is alive and if at all this property was ancestral which was duly distributed by A then C has a claim in it.
My father is alive. You mean to say I can't file civil suit.How can we file civil suit.
If your father is alive then only he can stake a claim in the property that belonged to his father, provided this partition was happened after the lifetime of his father.
If the said partition happened during the lifetime of your grandfather then your father has less chance to stake a claim for a share in his father's property.
1. On what basis you call the property ancestral?
2. If your father was a signatory to the partition deed and willingly relinquished his share in the property then he cannot challenge the partition deed now except on the ground that he consented to relinquish his share due to coercion, fraud or undue influence.
3. Furthermore, during the lifetime of your father you have no right to claim the ancestral property.
