Partition suit is only option. File the same before civil court
What are the legal options available to get the ancestral property distributed if other party is not willing to do so?
The property can be amicably divided by making a deed of partition among all the legal heirs.Once successors sign the partition deed the property will be divided. If consensus is not reached then you may file a suit for partition in court.
Issue legal notice for division of ancestral property
2) if other legal heirs refuse file suit for partition for division of property by metes and bounds
3) seek an injunction restraining sale of property
1. You may file partition suit before the court, you make pray before court to devide shares by metes and bounds.
The remedy is to file a suit for partition in the competent civil court to cull out the separate possession of one's share.
You have to file a partition suit in civil court by making all the shareholders as party to the respondent please be aware that for any partition suit you have to pay the court fees according to the value of the property
OPTION - 1 :
1. ALL the Class-I legal heirs can execute a registered Family Settlement Deed or a Partition Deed, with strategic clauses relating to share of property to each legal heir.
OPTION - 2 :
2. Even one legal heir can file a "Partition Suit" in the local Civil Court, against all other legal heir and stake his equal claim on such Ancestral Property. After hearings, the Court will direct Partition of property and proper mutation /transfer in the Revenue records.
Note: Ancestral Property should be atleast Four Generations old.
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
Well, every part of the joint property is liable for division as per due share of the co sharer/ co parcener.
Now f the division of the joint property can not be done amicably then file a suit for partition in the civil court wherein the court would first pass a preliminary decree dividing the property as per respective share and thereafter by way of final decree would demarcate the property by metes and bounds.
- If the other party is not willing to distribute the ancestral property, then the person who needs their share should firstly send a legal notice to all other party /legal heirs to divide the property equally.
- If no response within a period of 15 days, then that person should file a partition suit before the court.
Dear Sir,
The best way is to go for the partition suit involving all the parties and the same will be filed in the district court of area where the property is situated.
You need to issue notice to the other party(s) seeking partition of property.
If they refuse to partition, you need to file suit for partition to divide the property by metes and bounds and allot one such share i.e., our entitlement to you.
You need to file an application seeking restraint orders i.e., injunction from other parties restraining them from alienating, creating third party interest in the property till disposal of the suit.