• Ancestral property distribution

What are the legal options available to get the ancestral property distributed if other party is not willing to do so?
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Partition suit is only option. File the same before civil court

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94776 Answers
7545 Consultations

5.0 on 5.0

1. You may file partition suit before the court, you make pray before court to devide shares by metes and bounds.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The remedy is to file a suit for partition in the competent civil court to cull out the separate possession of one's share.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi,it is advisable to file a civil suit for partition in court 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

A partition suit before a court competent would be the solution for this.

T Kalaiselvan
Advocate, Vellore
84975 Answers
2204 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

Partition suit before the Competent Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

File Partition Suit 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Partition suit will be the only option if other party is not willing for partition of property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there may be one or more than one party who is not ready for the partition in the ancestral property.
  2. I would like to apprise you that either of the coparcener can approach the court of law seeking partition in the ancestral property.
  3. In this way, the objecting party would not have any option apart from giving their consent as the law is settled in favour of the coparcener.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

One should file a partition suit against all the parties that are the shareholders in the district court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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