Ancestral property (land)
My great grandfather had not divided the property (land) in papers but the same has been divided between the children and their children verbally.
my great grandfather as well as grandfather are no more.
now when i am trying to make the papers for my share of the land.
my uncles and cousins are not ready to sign and making the claim that the land has not been divided equally.
in doing so, share of the property which i now hold is getting diminished.
kindly advice, so that i can make the papers for my share without interference.
Asked 2 years ago in Property Law from Rajagangapur, Odisha
1. Well, verbal/poral partition is as good as partition by way of proper deed pf partition but the same is of course subject to proof and is why people choose for written partition deed so future complications can be avoided.
2. I am not sure whether you are currently enjoying more share that what you are entitled to,
3. If not then you can not be deprived of your due share.
4. If you are getting hindrance to enjoyment of your due share then you can file a suit for partition and injunction to lay claim of your due share and separate possession.
1) succession amongst the Indian christians is governed by the Indian Succesion Act, 1925.
2) There is no concept of ancestral property among Christians
3) the estate of the deceased will be distributed amongst the heirs as provided in Section 33 of the Act. The widow will get 1/3rd. and the balance will be distributed amongst the lineal descendants in equal proportion.
4) issue legal notice and file suit for partition to claim your share in property
1. Verbal partition is no partition.
2. The property remains undivided if the partition has not been documented.
3. Since the other share holders are not ready to recognize and give to you your lawful share you can move to court and file for partition to cull out your share in the property.
4. You may also seek a stay against sale of your share by your cousins.
5. After the court order you will be able to mutate your share.
Hi, if every one is agree for the partition of the property equally then you have to enter into deed of partition.
2. Otherwise you have to file a suit for partition of your share.
1. It will be difficult for you to establish the verbal partition of the ancestral property title of which is still standing in the name of your great grandfather,
2. File a partition suit to get your share of the property partitioned in record to avoid any future problem to be faced by either you or your subsequent generations.