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Can we sue someone for the money he earned from our ancestral proeprty


19-Jan-2023 (In Property Law)

My grandfather had constructed a shop during his days which is a grinding shop (chilli , rice, wheat grinding). He had 4 sons and 2 daughters. After his death it is being maintained by my uncle & him alone. He's been benefiting from the earning since his death which was about 20 years ago. My father passed away 11 years ago. And they haven't provided our family a penny all these years. I'm planning to file a case against him to provide me legal share in my grandfather's property. is it possible to sue him for the profit he earned for the past 20 years from that profitable asset ?

Answers (1)

Answer #1
504 votes
You can file a partition suit seeking partition and the legitimate share of your father on your behalf as well as your deceased father's other legal heirs and also separate possession of such share. Your family will be entitled to 1/6th share out of your grandfather's intestate property.
You can also claim a share in the mesne profits proportionately for the last three years because it is barred by limitation beyond the last three years period.
Yes you can include the same in the partition suit accordingly by paying court fee for this too.

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