LawRato

How to go about partition of hindu family property


26-May-2023 (In Property Law)
Hello, My father was expire when i was 10 year old, i am leaving with my mother and one little sister. My Uncle leaves with his family. My grandfather expire last year. My grandfather has total 18 acre farm out of which 10 acre he owned. My grandfather created will before death and given 15 acre (out of 18) to my uncle and 3 acre to my mother. can we claim for 50 % of property by any legal way. Thank You
Answers (2)

Answer #1
910 votes
Yes, you will have to file a suit on the jurisdictional civil court for partition. Because as per law, the property is ancestral property and it is to be divided in accordance with the provisions of Hindu Succession Act, which confers responsibility of equal and fair partition. NOw the said will is invalid in this case and you will get the 50% of the said property.
Answer #2
871 votes
Hello, you have not mentioned whether the said property is ancestral or self earned of your grandfather . If it is ancestral then you may claim partition before the civil court or else you may challenge the said will and vla your share in the said property. Before all do issue the legal notice so that you know the hidden facts from reply notice.

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."