• Ancestral property

My father inherited property from my grandfather. My mother died in 1957 leaving behind me and my three siblings. My father remarried and has one daughter (my stepsister). My father died last year. How is the property divided?

Thank You
Asked 1 year ago in Property Law from Canada
Religion: Christian
Yes all the brothers from the previous marriage and the second wife along with her daughter are equal shareholders in such property. However since this is an ancestral property you can sue for partition against your step mother. 

If parties are unwilling, then such disputes cannot be settled out of court. unless off course you find a third party buyer you would be interested to buy your undivided share of such property at a decent price. In case of such sale do ensure to make pre-emptive offers to your other relatives as otherwise such sale will be invalid.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1. After the death of father the property divided equally between the legal heirs. (Among you, siblings and step mom and sister).
2. File a partition suit for getting your share that is only remedy Other wise settle the matter amicably. same time file an injunction application not to forcefully vacate you from the house.
 IS your property comes under ancestral property 
Any property acquired by the  great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.The property should be four generation old.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) each legal heir would have one sixth  share in property

2) you, your 3 siblings , step mother  step sister would have equal share in property

Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1) you should issue legal notice to other legal heirs to claim your share in property 

2) if they refuse to give you any share file suit for partition to claim your share in property 

3) litigation takes along time hence deed of family settlement among all legal heirs should be executed 

4) if however they refuse to give you your share file suit for partition 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1) it is not ancestral property . 

2) merely because your father inherited property from his father on his demise it would not be ancestral property 

3) your married sister has equal share in the property 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1.Your deceased father's property will be equally shared by your step mother,  you and all your siblings including your step sister.,

2.It is presumed that your grandmother has predeceased your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. There is no logic in stating that you can not stay there because of two women,

2.You have every right to stay therein,

3. File a partition suit immediately,

4. Also file a petition restraining your step mother from preventing your stay in your father's house.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Yes. All sisters, irrespective of their dates of marriages, are equally entitled to share of their father's property along with their brothers.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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File a partition suit as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
While filing the partition suit, make sure to collect the legal heirs certificate to establish your self as a claimant of share of the said property of your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi sir/madam, You and your three siblings along with your step sister is having equal rights/share over the ancestral property of yours.  Your married sister is having right/share in the ancestral property as per Hindu Law Inheritance Act, 1929 and also as per Hindu Women's Right to Property Act, 1937. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. If your father died without making a will of the property which he inherited from his father then all his children including children from the second marriage will get an equal share in his property. The property is not ancestral.

2. Any of the heirs of your father is at liberty to execute a relinquishment deed to relinquish his/her share in the property.

3. Amicable settlement through execution of the partnership deed is the best option, but this is not possible unless there is a consensus among all heirs.

4. In the absence of consensus any heir is at liberty to file for partition in the court to cull out his/her share in the property. You are required to file for partition to protect and cull out your share.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, all the legal heirs of your father has right over the property, if you want to share in the property you have to file a suit for partition before the jurisdictional court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The property inherited by your father from his father remained unsettled till the death of your father, i.e., he died intestate.  If this is a fact then you are very much entitled to a legitimate share in the intestate property left behind by your father as one among his successors in interest. 
You can file a partition suit seeking partition and separate possession of your share in the intestate property left behind by your father by impleading your step mother, her daughter, your other siblings as defendants.  You can also file an IA seeking interim injunction restraining the defendants from alienating the property or encumbering it in any manner till the disposal of the suit. 
Your married sister born before 1954 is also eligible for a share in the intestate property left behind by your father  because this is not ancestral in nature instead your father's share in his father's property thus his absolute property. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Hi
 all the siblings including the child from second marriage of your father, your step mother has equal share unless there is a WILL made by your father.
The property will have 6 shares of your father's legal heirs.
The Married sisters born before 1954 also will have the equal share in the property
 You should take step to divide the property if the other siblings who occupy are not agreeable move to court with a partition suit 
Once the matter is in the court think about the settlement , it is clear case and there should not be any delay in court proceedings getting the division of property , it will take maximum 3 years .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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