File a partition suit before the court and get your shares.
After court order or amicably settlement with the opposite party i.e. your sister the documents can be in your name/ mutation can be done by concerned authority.
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How I can get share of mine from ancestral agri property?
We are 3 siblings. 2 brothers and a sister. We are late 40's and early 50's. Our sister got married in 1994.My dad passed away 2 years ago leaving 4 acres of ancestral agri land. My mother is alive.Now I would like to improve my portion of the land. I cant do that without land is on my name.My brother and myself are willing to do partition deed via court fairly. Our sister is not agreeing for anything unless it goes her way and her way is not going to happen. Now what remedies we have via court for partition deed? Need to get partition deed via court and get land records to our name.
Asked 8 years ago in Property Law
Religion: Hindu
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8 Answers
Is there any possibility myself and my brother worked thro this via courts citing recent supreme court decision on partition to the girls?
Asked 8 years ago
Now what remedies we have via court for partition deed?
Need to get partition deed via court and get land records to our name.
Since it is ancestral property, your sisters may not be entitled to a share in it as they were married before the latest amendment to succession actin the year 2005. However without seeing the property documents no concrete opinion in this regard can be rendered.
In fact is this property was given as his share to your father, then it becomes his own and absolute property, it means your sisters also have a right to a legitimate share in the property left behind by your father.
If they are not willing for any amicable settlement, you can file a partition suit before the civil court within the jurisdiction where the property situate seeking partition and separate possession.
Is there any possibility myself and my brother worked thro this via courts citing recent supreme court decision on partition to the girls?
First of all ascertain if it is ancestral property in the hands of your father or whether he got his share out of the ancestral property?
The date of death of your father is another important factor, if he died after 2005 then this law may not be applicable and your sisters may be entitled to a share provided they are not married as on the date of the latest amendment.
1) please clarify on what basis you say land is ancestral
2) your sister would have share in agricultural land
3) daughters dont have any share in ancestral property if father died prior to 2005
4) even if you file suit for partition your sister can claim share in said land
as per recent SC judgment daughters would not have any share in ancestral property if father died prior to 2005
The only remedy that you have is to file a suit for partition to cull out your separate share in the property which you are claiming to be ancestral. It is not clear on what basis you claim it to be ancestral. The recent SC judgment goes in favour of your sister, if at all your property is ancestral.
1. Since you are not agreeing for an amicable partition of your deceased father's property, you have no other way but to file a partition suit before the Court,
2. Court will engage its commissioner to personally visit the property and partition it accordingly,
3. After the partition is decreed, you can mutate your name in the property and municipality documents accordingly.
1. No. Since your father has demised after the year 2005, the entirle property will be divided amonnst all his legal heirs which included your sister also,
2. Had your father died before 2005, your sister would not have become entitled to her share.