LawRato

How can i claim share in ancestral property


10-Aug-2023 (In Family Law)
we have 10 acrs which is an ancestral property at my village after my fathers death the land has gone to my mother and we are 4 brothers . now i wanted the share in the property which is on my mothers name and she is still alive. she stays near my brothers and she is 80yrs old she is also getting my fathers pension. My mother stays near my brothers and my brothers and my mother is not willing to give me share . how do i solve this problem 
Answers (8)

Answer #1
573 votes
Do you have the details of the property that was acquired by the government?
You said that compensation was paid thrice by the government to the neighbors, whether the compensation details paid to your property is available with you?
If your father living and is he in the knowledge of the property and its details?
You may gather all the details of the property including the documents and consult a local advocate who has knowledge and experience in this field and take his suggestions to move ahead with your claim if at all you are eligible for one.
Answer #2
763 votes
HI,
you can file suit for partition in the civil court against your mother and your three brothers for your share in the property of 10 acres.
you have to file case in the civil court in the area in which the property is situated.
you will definitely get your share in the property.
Answer #3
773 votes
Hi
Any property in the name of a woman is her absolute property in accordance to hindu succession act.
So your mother (inspite of it being your father's property initially) having become the owner of the property, she can deal with the property in any which ways she wants.
she can Gift/execute a will etc, the property to any person or group of persons in a manner as deemed fit by her.
you can file a suit in the court, but the chances of you winning is very less.
Hope this helps
Answer #4
503 votes
You surely can. All that you need to do is to file a partition suit. You would not even have to pay court fees as the property in question is ancestral in nature. I suggest that you do so as soon as possible.
Answer #5
627 votes
Hi,
First for forged signature you can file a criminal complaint against your uncle,
Second for property part you should find a good civil lawyer and file a suit for partition and suit for declaration.
Answer #6
629 votes
As grandson, you have right to claim share in ancestral property, no one can stop you. It is your birth right. It does not matter whether your father is supporting you or not. Approach a civil court. Grandfather's property devolves on grandchildren as ancestral prop.
Answer #7
619 votes
yes you can go ahead seek your father share through filing a civil suit for possession and declaration along with damages and mesne profits ;you can also seek cancellation of those fake documents therefore a criminal complaint is a mandate in the process if required move ahead and also file 156 (3) in criminal court..thanks
Answer #8
727 votes
File asuit for partition if the grand father is alive and the priperties registered in his name. Regarding you have not mention how many sons and daughters of your grand father alive . So after knowing that ican able to tell you about your share.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."