property which has remained undivided for 4 generations is ancestral property
2)you can carry on construction on part portion with consent of other co owners
What is my right in a great grand father property (ancestral property), If I construct a part portion for my shop and residence in a occupied land area ?
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property which has remained undivided for 4 generations is ancestral property
2)you can carry on construction on part portion with consent of other co owners
See if the property is partitioned In subsequent generation then you have no right over same otherwise if it joint hindu property and it has not been partitioned then you have undivided share as per number of coparcener in same.
co owners living in different city, and not in knowledge. there is 12 property, and I want to construct in one property where I am living, so there is still remaining 11 property for other co owner. and how I can claim my occupancy in this property. will house tax and electricity bill will server purpose . I am working in singapore and this property in lucknow. my 2 brother is living in this property and they build some area for themself. however since the property is ancestral my other uncle and bua also have claim (my father died) but all there 12 property have not been distributed. Please advise
better option is to enter into deed of family settlement for division of ancestral property among co owners
2) it should be duly stamped and registered
3) then carry out mutation of property in your name and carry on construction after getting plans sanctioned by municipal corporation
Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
You should file a suit for partition in civil Court to get the property partition. Once an ancestral property is partitioned between the family members, it would cease to be ancestral property and you can do your construction then. Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property
House tax and electricity bills would not serve any purpose as they do not transfer any title.
Filing a suit for partition is the only way.
Dear Sir,
- Construction may be done on available property, however will advise to get mutation updated in your name first to avoid any future friction and litigation issues.
- Any good property lawyer will be able to guide you properly step wise after having all the documents studied.
Regards
Vivek Arya
The ancestral property belongs all the shareholders and hence a partition suit must be filed and a declaratory suit has to be filed in the district court in lucknow. Now the property is not demarcated and hence you cannot claim that particular portion or plot belongs to you unless the court has decreed it as such.
Regards
The brothers are living on this property and have also built on some area. You should notify the other co owners so that they can be taken into confidence in order to avoid litigation.
Dear Sir,
It is better to file a partition suit in Civil Court and get your share.
After the death of your grand father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Hindu Succession Act, 1956 [Section 8] HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood
See first it is better to file partition suit on the property once the total property is divided by metes and bounded then you can contract in your share of property.
If the said property is not partitioned then the structural changes made will be objected by other heirs without their consent. You can do it with their consent or you can execute partition deed or file partition suit
Dear Client,
Due share/portion can be ascertain by mutual partition or by order of court. AS of present none share is confirm. On the basis of possession and no objection from others, can constuct.
Hope property inherited intestate in all generation.
you can build construction on said ancestral property informing (verbally) to other co-owners,
house tax, electricity bill etc will prove your possession only on the said property not ownership,
you can file suit for the partition to become the absolute owner of the property.
It is always good to have a family settlement deed in case the property has not been divided by your father and registered in all the legal Heirs name as all the properties now wasted in all the legal Heirs name so so it will be better to have the family settlement deed to recognise the properties in the names of legal hairs so that the construction can be made and they should not be any dispute this family settlement deed can be registered with the register and it can be executed by payment of requisite Court fees in the Court to have the partition decree
1. You can file a partition suit claiming your share of your great grandfather's property being your ancestral property if the itle of the said property bstill stands in the name of your great grandfather.
2. If the flow of the title has been interrupted by way of any deed of conveyance or will or court order, it will cease to stay as your ancestral property.
1. If the property is still your ancestral property as per the legal definition, then you shall have to file a partyition suit praying for partition of your share of the said property byt metes and bounds.
2. Without acquring right on the particular portion of the ancestral property, it will not be legally prudent on your part top make any construction thereupon.
1. If the property of your great grandfather is still undivided then it is ancestral in your hands. Consequently, you may file a suit for partition to cull out your share as a coparcener in the property.
2. House tax and electricity bills do not prove title. Title originates from the sale deed.
First of all ascertain if it is ancestral property.
An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
So, it has to primarily meet two conditions for the property to qualify as your ancestral property;
Therefore, if your father is living then you may not be entitled to get a share in the proeprty at least not during his lifetime if it is not ancestral property..
The best way to occupy your legitimate share out of yor father's share in the property is to first get it partitioned and after your share of proeprty is confirmed you can take possession of your share in the proeprty and proceed with your proposed development of your property.
You can arrange for a mutual partition to solve the issue amicably, if there is some legal hassle then you may have to file a partition suit seeking your share in the property and separate possession of the same