Our ancestral property at Andheri East consists of 2 structures. One ancestral house built in 1927 and another building built in 1963 housing 11 rent paying tenants. My father with his second wife and divorced daughter with son lived on the first floor of the ancestral house. I am the eldest sibling of four from the first wife and has lived in Canada for 30 years. My brother and his wife lives in one of 3 units on the ground floor of the ancestral house. My late brothers daughter lives with her husband in the second unit, and my later sisters son and his wife lives in the third. After my fathers death in 2014, I went to divide the first floor so that I could retire in my fathers house. My stepmother and stepsister called the police saying that I had come to rape them. The inspector said that I could go and stay there but those women will create problems. Because there was talk of redevelopment of the property I did not file a partition suit as suggested by 6 Kaanoon lawyers at that time. In the meanwhile the rent from the 11 tenants were paid to my stepmother who probably continued to pay taxes and other bills and enjoy the remaining. My step mother died three days ago and my stepsister and her son continues to enjoy the whole floor of the ancestral house. I fear that the rents will continue to be paid by the tenants to my stepsister who is younger than all my siblings. I do not know how to proceed with the transfer of ownership to my siblings and my stepsister, and how to control the rent. I had asked and agent to check with the BMC the collectors office and city survey about the ownership of the property and other details. The only documents he found was a property document in Marathi and my father was still the owner. There is no partition suit as none of my siblings want to spend money and none of them want to search a builder for redevelopment for the same reason. They all are happy living in their respective unit and I have nothing. No document to show my ownership or a place to live as I have retired. I do not know if all will agree to redevelopment and how long it will take. Should I come down to Mumbai and try to force myself in the ancestral house. Doing so I can at least have a place to live in. A partition suit will take years.
There is no concept of ancestral property among Christians
2) on demise of father issue legal notice to your siblings for division of house by metes and bounds
3) if they refuse file suit for partition for division of house by metes and bounds
4) seek an injunction them from selling the property
5) also seek orders to direct tenants to deposit rentals in court
6) you have right to stay in the ancestral house
Yes you can do so.Registered Partition deed is also a remedy for the same.
At this point of time you need not to worry about the rent of the property but you have to file partition suit to get your share of property please note that you along with all your brothers and sisters will have the equal sale in the property and you can bring injection order in this regard so that the property cannot be go for redevelopment or sale during the pendency of the partition petition.
You can also play in the partition that didn't received from the tenants should also be divided between the legal Heirs
Firstly the concept of ancestral property is not applicable to Christians
If your father is shown as owner in the land revenue and property records then you being his legal heir, have an undivided share in his property
To enforce your share you need to file a partition suit
Though the members of the family seem to have superficially divided and partitioned the house and are living in their respective units, but that does not mean you have lost your right. You and all other members have undivided right in all the units of the house, so also the land on which the building stands
By members, i mean only legal heirs of original owner
I am not able to understand why lawyers here advised to not go for partition because redevelopment was on the anvil?
If the property is duly partitioned and the share of each member is determined, then that will infact aid in redevelopment, because the builder will know exactly what he has to give to each member, in terms of new flat and redevelopment benefits
Its true that a partition suit takes time to resolve, but then not going for it, is not the solution either, especially when your rights in the house are being denied by other members
Also forcefully getting into the house will only invite legal trouble for you
So either sit with your family members and cull out a partition plan and if they dont relent then you can issue a legal notice to them to see what they have to respond and if there is no outcome, then file a partition suit
There are cases which i have seen that the members who reside in undivided House sell it or give for redevelopment without consulting all members and the member who was left out, then wakes up from his slumber and files a partition suit to claim his share, by which time the property already changes hands
See you are co-owner of the house you can live in the said property but forcing will lead further problems so in the premises you need to file a suit of partition along with seeking possession of your share the court shall divide the property by meats and bounds and if same is not possible court shall order to sell same and divide the proceeds.
Succession amongst the Indian christians is goverend by the Indian Succesion Act, 1925. There is no concept of ancestral property under the Indian Succession Act.
Find out a good Local Civil Lawyer and consult him in the matter how he should proceed with your claim in the Court of Law for filing a partition suit under the Indian Succession Act.
1) As of now first you should get entered you name along with other siblings on the property card on BMC papers.
2) You can make application on your name and add all siblings name including step siblings as well. In the application show proof that you are legal heirs of your parents, attached death certificate of both parents and property papers. Once you get your name transfer on mutation papers than you will have at least rights on papers.
3) Later on you can go for redevelopment of the property, once this talk continue with the builder than your role will come in picture automatically.
4) As you said your siblings are not interested in the redevelopment of the property than you should take interest in the redeveloping of the property for that your name should appear on the title papers. Because there are 11 tenants and all that 11 tenants possession could be in your share. So this can be challenged in the court. we will file case in the fast track to get results fast. for to do all these things on paper your name should appear first.
You can assign case to me.
1. EVEN though you are legally entitled to the mentioned properties, It would be highly unwise to barge into the house, without a proper court order proceedings. A proper legal notice to the Tenants can be imitated to restrain them from giving any rent amounts to anybody else then you or your brothers or to deposit the same in court.
2. Partition Suit would take only a few years (1-2 years), subject to availability of proper documentary evidences.
Keep Smiling .... Hemant Agarwal
thinking that the partition suit will take years, you have been ignoring the subject so long.
In fact if you had filed the partition suit earlier, it would hav e come to an end by now.
Even now, you should not hesitate to file a partition suit so that you will get a relief in a matter of time.
Dear Sir,
It is better to file a suit for partition in Civil Court, you will get your share.
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener's share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
