• Do I have rights to file suit for inherited property?

Hi Sir,

My grant father(died) had 20 acds feeding land 40years back, he has 5 memebers childrens. one guy got job(my father) and went some where, he didnot get any benfits from family from 40 years. Now 20acds has been inherited to 100acds. Apart from 20 acds rest of the all on their names( remaining four people). one year back my father also expired. i am only the son of my father. He was working in judicial department.
Please let me know whether i have rights to take share in100acds or not? if yes how to proceed?

Thanks,
Naresh
Asked 1 year ago in Property Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1)on your grand father demise your father had one filth share in 20 acres of land standing in grand father name . 

2) on your father demise his share in 20 acres of land would be inherited by your mother and you 

3) you can request other family members for partition of the 20 acres of land 

4) if they refuse file suit for partition to claim your and your mother share in property 

5) you dont have share in balance 80 acres of land 

Ajay Sethi
Advocate, Mumbai
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1221 Consultations
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1) you can contact a local lawyer if family members refuse an amicable settlement 

2) litigation is long drawn process and may take some years 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1) what is the source of funds for purchase of balance 80 acres of land ?

2) is it income from 20 acres of land? please clarify

3) if the income from 20 acres of land has been used in purchase of more land you can claim share as it was bought out of joint family funds 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Please let me know whether i have rights to take share in100acds or not? if yes how to proceed?
If there was no proper partition among the legal heirs of the grandfather and the properties remain unpartitioned and your father was not given a share in the properties that belonged to your grandfather's intestate properties, you as a legal heir to your father can claim your share out of our father's share in the property. 



Still we didnot devide from family means combined family.. how to take the good decision now
You can demand a share due to your father from the people who possess and enjoy the properties, if they refuse you may take to legal recourse. 



we didnot seperate from the family and from 20acds its inherited to 100 acds right.. my grand father has expired 6 years back.. from 40years we didnot get any income on that 20acds.. please let me know calrification
You can proceed as advised above. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. On your father's demise his widow and all children succeeded to his share in the land equally. Any one of his heirs can cull out his/her share by filing a case for partition in the court.

2. If there is a positive agreement among family members to divide the property then a partition deed or family settlement can be executed to amicably divide the property.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) you can claim share from 100 acres of land if it was bought out of the income from 20 acres of land . 

2) you need details of the 100 acres of  land  bought by the grand father and other family members . 

3) obtain certified copy of the sale deeds for purchase of land from sub registrar office 

Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
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To file a lawsuit for partition you require the title deed on which you claim rights under succession.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Your father being a legal heir of his father is legally entitled to a share or right in the intestate properties belonged to his father or his ancestral properties.  
As you father did not inherit any share in the property or the shares allotted to him was unfair and disproportionate to his respective share, and if you would like to wage a legal battle to retrieve your rightful share out of the properties, you may file a partition suit claiming your father's legitimate share out of the father's property as his legal heirs (by including your other siblings as plaintiffs to the suit). You may also claim separate possession of your share. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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