My father was dead in 1975 when I was child .. my mother married after 7 years .. she left me at my grand parants my grandfather did my marriage at 1987 and my grand father died at 1993 my grand mother also died my grandfather has 3 sons I am only single daughter of predecesed son my grandfather have 25 Acer's land X is ancestral and Y is self acquired .. my uncle's my father brothers totally occupied all my grand father property.. last 10 years back they did a unregistered family settlement.. when I was asking my share they told u r a daughter u don't have a right please give a suggestion.. any limitations for asking partition.
On grand father demise your father one fourth share in his self acquired property would devolve on your mother and you
2) you can file suit for partition to claim equal share in self acquired property of deceased grand father you have no share in ancestral property
3) seek orders to set aside family settlement agreement
4) no limitations for filing partition suit
No being daughter you have equal rights in property by birth now
See.you can file a suit for partition for your share and taking possession of same you have right over the property and you can file for stay application along the partition suit. There is no limitation.
There is a limitation but as you were denied a share in the property you can file a case. What happened to your father's property. You have a share in that too.
Regards
You are fully entitled to one third of your grandfather's total property inherited to your deceased father.
Immediately claim your share in the property by mutual settlement or by partition.
Issue notice to your uncles stating your right to the property and intentions to get the property partitioned by metes and bounds either by mutual settlement or by arbitration by nominating arbitrator by each, failing which you shall file a suit for partition of the said property in civil court without any further intimation.
As per Indian Succession act class I heirs list, you have equal rights in those property if only for selfowned property of your grandfather is not WILL.
In ancestral property your father's 1/3rd share you are entitled plus for selfowned property also if not WILL.
Means you are entitled for 8.13 acres land share of your father.
Ni limitation to file partition suit. It can file when cause of action arose. You should have filed when settlement was done. Well, you can excuse this, now only came to know about settlement which is illegal.
Your father 1/3rd share will inherit in you and your mother equally.
Hi
You have right in ancestral property.
You can file partition suit against your uncles.
Dear Client,
If there is no will left behind your grand father, then you may claim your father's share as per law. You may file a suit for partition.
you can claim your deceased father share. file a suit for partition in self acquired property of deceased grand father.
Thank you everyone My another question is some people are saying they are maintaining land past 25 years so they get right??.
1) in joint family possession of one is regarded as possession of all
2) you can file partition suit for division of property by metes and bounds
The land is in co-owmership and mere maintaining doesn't.give them right for same.
The rights will be as per the heirship in the said property
A person(s) merely maintaining a property cannot by default become entitled for share.
They will not get any right.
If any such issue arises, you contest the same.
They may claim through adverse possession but that should be hostile against actual owner. Holding land gratuitously dose not give any right.
Mere possession of the property does not provide the right over the property.
Dear
You need to file partition suit against your uncle for share in all the properties of your grandfather as your father decendent you will have 1/3 share in the property.
Daughters do have right in Ancestral as well as self acquired property if father or grandfather dies Intestate.
They doesnt have rights over the property even if they are maintaining continuous possession of land for 50 years because doctrine of adverse possession doesn't applies in the family and legal heirs.
This is not ancestral proeprty.
This was your grandfather's own and absolute property hence your deceased father was entitled to a legitimate share in the property, if he was alive.
Upon your father's death, his share of property shall devolve on his own legal heirs, i.e., you.
You can very well file a partition suit and claim your legitimate share in the property out of your father's share in the property left behind by your grandfather.
You are seeking your share by a partition suit.
The partition suit is not barred by any limitation hence you can file a partition suit and claim your legitimate share in it as a right.
Dear Madam,
Never Think of limitation because since it is a joint family property and after the death of your grand father , it is inherited by his 3 sons including your deceased father since you the legal heir of your deceased father.
You may file a suit for partition and seek cancellation of settlement deed.
