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
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 7 years ago in Property Law
Religion: Hindu
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8 Answers
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
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.
This property belongs to my grandfather's father and undevided since previous 4 generation.
Asked 7 years ago
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
Then this is an ancestral property for you.
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.
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.
so what. its ancestral property. very well u can file case