FAMILY DISPUTE IN ANCESTRAL PROPERTY FAMILY DISPUTE IN ANCESTRAL PROPERTY

3 months ago

My great grandfather was two brothers and they both had 8 children with only one son thats why grandfather. He has been residing in out ancestral house for past 60-70 year and he has 3 son and 4 daughter now and we dont have any document related to family ownership and my uncles wanted to acquire their partition form the ancestral house in which my father is residing for more than 15 years and he has spend considerable amount on renovation of the house. What claim do he have ??

Abhimanyu Shandilya

Responded 3 months ago

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A.Dear Client,
Your father have equal share over the property as your uncle. All 3 sons and 4 brothers have equal rights over the said ancestral property. Get a legal heir certificate from your councillor or chairman of your area. Then get a legal heir certificate from court in affidavit format.
One person can not claim the whole property without out other person’s consent. It will be illegal to do so.

Thanks and Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A house or building erected or constructed on the ancestral land is classified as ancestral property and the status of that ancestral property cannot be affected by any legal heir/coparcener without the consent of other legal heirs/coparceners who got the right to said property by birth. In the absence of ownership documents, you may visit the office of the concerned Land Revenue Officer and based on the property tax or khajna receipt, you can obtain mutation details and other particulars of the land. Upon receipt of the land records, you have to apply for a legal heir certificate from the concerned Municipal Authority/Tehshildar under whose jurisdiction the property is situated along with an Affidavit to be sworn before the Ist Class Judicial Magistrate stating all the particulars of the surviving legal heirs like name, age, address and relationship with the deceased owner and on receipt of legal heir certificate from the said authority, you have to file a partition suit before a Civil Court praying for an order of partition of the said undivided ancestral property and based on the order of partition suit, a deed of partition shall be made and registered with the registering authority to obtain individual shares in the property by all the legal heirs/coparceners. Reach out to a Civil Lawyer for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 3 months ago

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A.Dear client,
You need to get a legal heir certificate. Based on your area you need to get a legal heir certificate from the local authority like a councilor or a Panchayat. You can file a partition suit. For better assistance consult a civil lawyer.
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