Ancestral property division
My father was having 3 brothers ...Two elder and one younder. ..my grandfather left some property which has been never ever divided in between them...as my father was working all his life out side his native place..He never asked for the division. .as he is retired now we r asking our share of property to my cousin brother as my uncles expired(2 elder) long back...but my cousin is refusing to give any property to us
Some points which I want to tell
1..Both my father's elder brothers expired
2 the 1st brother who was elder to every one was never married
3 my 2nd uncle is having one son and one daughter
4 my brothers younger brother is alive and married but don't have any children
5 I am the only daughter of my parents
Now can i claim share from my grand fathers property.. which my cousin brother is rejecting to give how canwe claim..
Asked 2 years ago in Family Law from Parvathipuram, Andhra Pradesh
1) it is not ancestral property if it was self acquired by your grand father
2) your father can file suit for partition to claim his share
3)as granddaughter you dont have any share in property during your father lifetime
My father's younger brother is supporting him..As they don't have children they r giving there share of property to him..And want us leave the property to him...In a fire accident we lost the documents and we don't that now whose name the property is..Is there any possibility the documents can be changed on my cousins or his fathers name without my father's knowledge if it is so how can we claim ...my father is ill now ..How can I proceed
how can we proceed
Asked 2 years ago
1) your father can obtain certified copy of documents from sub registrar office
2) mutation cannot be done in cousin name without your father consent
3)your father can execute POA in your name to file suit for partition on his behalf
Hi, You have to file a suit for partition in the Jurisdictional Court to claim your share in the property. As the property is the ancestral property you, your brother and your father has share in the properties left behind by your grandfather.
your father may file a civil suit for partition against them before civil court and his share will be given to him by the court if there is no will of your grand father and he died intestate.
Nobody can restrain your father to claim his share from his father's property.
you may claim your share from your father from that property too after get partition.
Feel Free to call
Advocate, New Delhi
In the given situation your father has a right to seek partition and separate possession of his share.
During your father's life time nobody can claim any share in it, i.e., his children or even his wife.
You do not have rights directly out of your grandfather's property. You can claim a share out of your father's share in it and it will not be possible during your fathers lifetime.
Ask your father to file a partition suit and seek his share out of his father's intestate property.
Your father has to file a partition suit immediately seeking division of property and separate possession of his legitimate share in it.
He can file an application also seeking injunction to not to alienate or encumber the property till the disposal of the suit.
1. Your father is at liberty to file a suit for partition to cull out his share in the property notwithstanding the refusal of your cousins to separate his share.
2. A certified copy of the sale deed of the property can be obtained from the office of sub-registrar.