• Division of ancestral property

Sir, my father expired in Oct 2013 & he had commercial & residential property which was passed to him from his father. My mother(age 61), brother(age 39) & myself (age 37)are the 3 legal heir for the said property.
I younger son for my father is staying separately from past 2 years in a rented house. Now can i claim my share of property legally under hindu law.
My mother is not willing to share the property until she is alive as she think that i will sell the property.
As i have to look after my wife & 2 children i am in need of the same for future development of my business in need loan on the said property. 
sir, please help me out.
regards, email id : pramod24009@yahoo.com
Asked 1 year ago in Family Law from Mandya, Karnataka
Religion: Hindu
1) it is not ancestral property but self acquired property of your grand father 

2) on grand father demise residential and commercial property was inherited by your father as his legal heir . 

3) on your father demise you have 1/3rd share in properties 

4)you can file suit for partition to claim your 1/3rd share in the properties 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
The property is ancestral, during his lifetime did your father leave a WILL behind deciding on the issue of sharing of the properties after his death. If not, then issue a legal notice asking for the partition of the properties by metes and bounds, if your brother and mother do not agree for a partition, go ahead and file a partition suit asking for your 1/3 rd share in all the properties.
Kiran N. Murthy
Advocate, Bangalore
770 Answers
52 Consultations
5.0 on 5.0
1. This is not ancestral property. After the demise of your father his wife and children have succeeded equally to his property. Any one among you can cull out his/her share in the property by filing for partition in the court.

2. You may issue a lawyer's notice before going to court.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Hi, The property was the ancestral property and No partition has been taken place in your family so all the legal heirs of your father has right over the properties.

2. You have to file a suit for partition so that you will able to get your 1/3rd share in the properties.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Did your father die intestate(without executing a 'WILL')  or had he executed a 'WILL'.
2. If your father had died without executing a 'WILL', then your mother, brother and you will have equal share in your deceased father's property.  In other words, each of you would be eligible for 1/3rd share in the property.
3. If your father had executed a 'WILL', then the property would devolve to the beneficiaries as narrated in the 'WILL'.
4. You can claim your share of property(if your father has not willed otherwise) by discussing with other legal heirs i.e. your mother & brother.
5. Settle the matter amicably without any misunderstanding between the three of you.
6. You can claim your share of property by way of partition of the property into 3 shares and you are eligible for one share.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
Being a legal heir of your father, you are also entitled to an equal share i.e., 1/3rd out of the intestate property left  behind by your father as his successor in interest.
If your mother is unwilling for an amicable partition or settlement, you may file a partition suit seeking partition and  separate possession of your share in the properties.
You may also claim a share in the mense profits out of the revenue derived from the commercial properties. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Even if you are staying separately you can claim on the ancestral property of your father . . . . that is your right. Has your father made a will for this property? 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
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