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Procedure for distribution of ancestral property


08-May-2023 (In Property Law)

It's our fourth generation and we are having a 100year old ancestral property . No one in the first generation is alive now. Please tell me the last generation is also have the equal partition from others or how is the procedure of partition as we are Hindus

Answers (2)

Answer #1
830 votes
Procedure of partition is nothing but to give the information to the co owners of the property regarding the partition. If they are not ready for that, you can approach the civil court for the same. Since the question is not clear I am not able to answer well
Is it the property acquired by first generation? If they died intestate how many children are survived by them?
Definitely you will get the share.
Answer #2
983 votes
Any suggestion depends upon the State where the property is. If it is in Kerala, the property is no longer ancestral. Joint family System among Hindus of Kerala was abolished with effect from 01.12.1976 by Act 30 of 1976. Thereafter birth in family does not give rise to rights in property .On and after the commencement of this Act, one has no rights to claim any interest in any property of an ancestor during his or her lifetime which is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognized in any court. Joint tenancy was replaced by tenancy in common. Partition needs to be carried out on this basis. A better option would be working out a family settlement.

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