Court can direct partition of property 

2) court would appoint commissioner for division of property 

3) if property cannot be divided court would direct sale of property 

4) valuation of property would depend upon valuation of property by government approved valuer 

Ancestral property is a property that is inherited by a person from his or her ancestors, such as father, grandfather, great-grandfather, etc. In India, different personal laws govern the inheritance and succession of ancestral property among different communities. For Muslims, the Muslim Personal Law (Shariat) Application Act, 1937 is the main law that regulates the inheritance and succession of ancestral property.

According to Muslim law, inheritance of property takes place only after the death of a person and not by birth. The shares of the legal heirs are determined by the rules of Shariat, which are based on the Quran, Sunna, Ijma and Qiya. The legal heirs of a deceased Muslim include his or her spouse, children, parents, siblings, grandparents, etc. The shares of each heir vary depending on their degree of relationship, gender and number.

Partition of ancestral property is the process of dividing the property among the co-owners or co-sharers according to their respective shares. Partition can be done by mutual consent of the parties or by a court order. Partition can also be partial or total, depending on whether some or all of the properties are divided.

To answer your follow-up question:

• If the majority of the members are in favour of partition except one, the court can appoint a commissioner to do the partition of the property. The commissioner will prepare a report and a preliminary decree based on the valuation and division of the property. The parties can raise their objections to the report and decree within a specified time. The court will then consider the objections and pass a final decree for partition.
• The valuation of the property can be decided by various methods, such as market value, income method, cost method, etc. The court can appoint a valuer or an expert to determine the value of the property based on these methods. The court can also rely on the evidence produced by the parties regarding the value of the property.

You can submit a valuation report from a private valuer or court can also appoint an authorised officer for valuation 

If all the parties to the partition suit agree for the partition then the court will proceed to divide the properties by metes and bounds and would allot the shares to the shareholders as per their rights as provided in their personal law.

If even one of the shareholders is not agreeing for the partition, then the court will  bring the properties to sale and distribute the sale consideration amount to the shareholders accordinlgy. 

Dear sir, 

The court may appoint one Local Commissioner to assist you in the partition process. The valuation can be done by minimum circle rate decided by the government. 

court appoints commissioner. 

Property valuation through market value. 

- As per law, any of the member can file the partition suit before the court ,and the acceptance of others is not necessary . 

- However, if any member not appear before the court after receiving the summon of the court , then the court may pass ex-parte order against him , however legally the property would be partition as per the provision of Muslim law. 

- Further , in case , the property is not able to partition , then the court may direct for selling the property , and in that eventuality court may ask for the valuation of the property from a competent authority. 

Dear client, If the majority of the members are in favour of partition except one, the court can appoint a commissioner to do the partition of the property. The commissioner will prepare a report and a preliminary decree based on the valuation and division of the property

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.