• How to apply for partition suit on ancestral property?

My Father and his elder brother(My uncle) used to manage the ancestral property in north bihar.
 my Father and my uncle both are now no more. Now I want to sell my share, but , my cousin objected and strongly said that you can not sell your share because its illegal
There i want get separated from him, Please guide me how to get partitioned from him, so that i can manage my share.
Asked 3 years ago in Property Law from Samastipur, Bihar
Religion: Hindu
1) issue legal notice to your cousin for partition of the property . 

2) if he refuses file suit for partition of property by meets and bound 

3) you are entitled to sell your share even now but you would have to offer your cousin first right to purchase the property . 

4) best is to enter into deed of family settlement / parttition so that you dont have to go to court 
Ajay Sethi
Advocate, Mumbai
46671 Answers
2761 Consultations

5.0 on 5.0

1. On what basis do you say the property is ancestral?

2. If it is ancestral then you can seek the partition of the property by moving to court and filing a suit for partition.

3. Once the property is divided you will be at liberty to sell your share.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

1) You need to approach a civil court with all relevant documents and file for partition filling a suit for partition.

2) The property has to be divided in metes and bounds before you can sell your share. As there is a dispute you need to approach the court.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

you should file partition suit in the civil court. all property will be divided by the court but you can't sell residential home to any stranger if that home is not able to separate exclusively. after demise of your father you are the sole owner of his share in ancestral property so you have right to file suit. 
but try to file an application before tehsildar, he has also right to divide property according to revenue record, this procedure is short and swift. it takes more less time that civil suit. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. You can file a partition suit claming your share of the property,

2. Get the property partitioned and devided by meets and bounds,

3. If the property is not a dwelling house where all the co-owners are staying together, you can sell your sharte to a third party,

4. If it is a jdwelling house, you shall have to offer to sell your share to all the other co-owners at the same price which you are getting from the third party and if they refuse to buy the same, you can sell it to the third party.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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