Property distribution
1 week ago
In our grandfather grandmother property, both had written there legal hires, my father n my father's elder brother are legal hires in their vill but unfortunately my father died up accidentally without any taking any legal decision on the bank locker and property, now my elder brother is trying to get my get my unauthorised signature and thump impression to make all property legally under him, so what I can do legally than?
A.Dear Client,
According to Hindu Succession Act, the property inherited for four or more generations through paternal ancestors without any divisions is considered as ancestral property. The grandchildren have equal share in the property of their grandfather. So, in this case, you and your brother, both are entitled to share in the ancestral property. The legal heirs or coparceners cannot get a share in the ancestral property until there is a partition decree from the Civil Court. In the given scenario, your brother cannot get the property partitioned by undue pressure and it is invalid and illegal. Further, the property can be divided only through a partition decree. So, you being one of the legal heirs/coparceners can file a suit before the jurisdictional Civil Court for partition of the said ancestral property. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
According to Hindu Succession Act, the property inherited for four or more generations through paternal ancestors without any divisions is considered as ancestral property. The grandchildren have equal share in the property of their grandfather. So, in this case, you and your brother, both are entitled to share in the ancestral property. The legal heirs or coparceners cannot get a share in the ancestral property until there is a partition decree from the Civil Court. In the given scenario, your brother cannot get the property partitioned by undue pressure and it is invalid and illegal. Further, the property can be divided only through a partition decree. So, you being one of the legal heirs/coparceners can file a suit before the jurisdictional Civil Court for partition of the said ancestral property. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The property of the grandfather in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The property inherited by your deceased father is classified as ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. In the given situation, to obtain your share in the said property, you being a legal heir/coparcener have to file a partition suit before a Civil Court praying for an order of partition of the said ancestral property. Reach out to an Advocate for guidance and steps.
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The property of the grandfather in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The property inherited by your deceased father is classified as ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. In the given situation, to obtain your share in the said property, you being a legal heir/coparcener have to file a partition suit before a Civil Court praying for an order of partition of the said ancestral property. Reach out to an Advocate for guidance and steps.
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