• Division of ancestral property

How to go about claiming one's rightful inheritance from ancestral property which had not been divided since last 100 years or so?
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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16 Answers

Dear client,

You may file a suit for partition for the partition of the property.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Hi

You are suggested to file a case for the same in district court giving all details including family tree and your share.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by other legal heirs 

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

by way of filing a civil suit in this regard

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

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.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Send out a notice demanding partition. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

You need to file partition suit for the same in civil court

Prashant Nayak
Advocate, Mumbai
34582 Answers
249 Consultations

file partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

Through partition suit. Hope it is not HUF.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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. 

Krishna Kishore Ganguly
Advocate, Kolkata
27722 Answers
726 Consultations

Dear Client 

For Dividing the ancestral property You have to file a partition suit in civil court of your district.

And if it is agriculture land than this suit can be filed in the court of Tehsildar.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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