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Improper division of ancestral property what to do
10-Dec-2023 (In Property Law)
My late grndfther inherited property by his father was divided to four sons, i.e., between my father and his brothers. The division of land was done in banda, which is with pnchyat consent and rural way of writing it in a paper and dividing. But the share given to my father is very less compared to others. Can my father go to court of law against banda? What are the possibilities? Will my father get equity and justise?
If the Property has been partitioned by registration or decree passed by the court before December, 2004 right to claim over the disposed property is prohibited as per the Hindu Succession Act and kindly check any family settlement made between joint family members.
But it has one exception as per new judgement of Apex court: Partition and Succession can be open at any time if distribution of property was injustice between Joint family members. Hence, you can challenge that partition subject to absence of non-adverse documents.
But it has one exception as per new judgement of Apex court: Partition and Succession can be open at any time if distribution of property was injustice between Joint family members. Hence, you can challenge that partition subject to absence of non-adverse documents.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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