• Ancestral property distribution

Hi,
My mother expired when i was 7 year old. My father married to another women and she has 3 child, 1 son and 3 daughter. I m the only son of my mother (my father's first wife). My father do't have any self acquired property but only 5 acres land as ancestral property.
Now I m married mother and my step mother don't want my father to give any share to me in ancestral property.
What should i do in this case?? And what will be my share if file partition suit??
Asked 6 months ago in Property Law from Jaunpur, Uttar Pradesh
Religion: Hindu
1) kindly clarify on what basis you say property is ancestral 

2) property which has remained undivided for four generations woukd be ancestral property 

3) you are at Liberty to file suit for partition to claim your share in ancestral property 
Ajay Sethi
Advocate, Mumbai
26095 Answers
1419 Consultations
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File a partition suit in the concerned court having jurisdiction wr the property situated. Also file petition to protect the property from further encumbrances. Definitely the other parties will come for settlement with you
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
1. If the property is ancestral in your hands then your father does not have the legal competence to deprive you of your share. You are free to file a suit for partition to cull out your share in the property that you claim to be ancestral in your hands, whereas your father is free to dispose/bequeath his self acquired property at his sweet will. 

2. What will be your share depends on how many coparceners are there.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
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if property has remained undivided for four generations it is ancestral property


2) you can file suit for partition to claim your share in property


3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
26095 Answers
1419 Consultations
5.0 on 5.0
Then this is an ancestral property for you. 
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
If it is confirmed that this is ancestral property, you are entitled to a share out of your father's share in the property.
The share of your property can be divided into 5 shares and you can acquire one such share. 
Your step mother has  no rights  in the property during the lifetime of your father.
She cannot legally object to your acquisition of your legitimate share in the property.
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
5.0 on 5.0
This property belongs to my grandfather's father and undevided since previous 4 generation.

If the property is coming under ancestral property i the legal sens and meaning, then you are entitled to a share out of your father's share in the property. 
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
5.0 on 5.0
so what. its ancestral property. very well u can file case
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0

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