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Mother asking for share in ancestral property is it possible?


05-Feb-2023 (In Property Law)

I Belong to Hindu family. My grand grand father Bala had two sons Rama & Baba. My grand father has one Son i.e. my father Malhari and one brother- Baba. Grand fathers brother Baba has 2 sons Raghu & Sham. I have three sisters. Our father is alive. 1) Can i.e. I, my mother and sisters demand partition of ancestral property even our father is alive? 2) How much land can father sale? 3) As there is no partition of this ancestral property between father and his brothers, can transferee claim right on purchased specific & particular land? 5) Case laws for it

Answers (1)

Answer #1
490 votes

1) Issue legal notice for partition of the property. 
2) If they refuses file suit for partition of property by meets and bound                
3) Your father can sell only that portion which he shall acquire. Are entitled to sell your share even now but you would have to offer your cousin first right to purchase the property. 
4) Best is to enter into deed of family settlement / partition so that you don’t have to go to court 

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