Dear client,
You may file a suit for partition for the partition of the property.
How to go about claiming one's rightful inheritance from ancestral property which had not been divided since last 100 years or so?
Hi
You are suggested to file a case for the same in district court giving all details including family tree and your share.
File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by other legal heirs
Kindly go for partition deed and apply in the court or get distributed among yourself by layout markup and insert name. If all members of family agrees for partition deed you can take your share from it.
1. The answer would depends on two factors- whether you are Bengali or Non Bengali.
2. If you are Bengali and hence governed under Dayabhaga School of succession then during lifetime of your father except him, you can file suit for partition.
3. If you are non Bengali and hence governed under Mitakshahra school of succession then you during lifetime of your father as well can file such suit.
4. In either case right of share in joint undivided property can be claimed by filing a suit for partition.
This is my response to you:
1. File a partition suit in the civil court;
2. Assess the number of beneficiaries;
3. Wait for the court to pronounce the decree depending on the number of shares each one deserves;
4. Consult a local lawyer, discuss full facts and take steps.
Partition suit has to be filed before court for division of the property, the property can be also divided by mutual agreement and settlement by way of deed if all the parties to it are ready.
Hello,
Share the facts in detail.
How may legal heirs are there?
who is having the possession ?
Usual course is to file a title suit
If you are entitled to any share in the property that belonged to your ancestral, then you may have to file a suit against your father and others seeking your share of property out of your father's share in the property.
Consult a local advocate and file a partition suit on his advise.
1. You shall have to file a partition suit claiming your share of the said ancestral property.
2. Make sure that it is an ancestral property which is defined as the property flow of title of which has not been interrupted for four generations i.e. from great grand father to great grand child, through sale/settlement/gift deed, will or Court order.