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How can i claim my share in ancestral property


20-Sep-2023 (In Family Law)
My Grand Father has 3 son;s and 2 daughter. Among them my father is elder and well educated among brothers. Earlier we lived together. But due to non-understanding we collapse. My both uncle live a luxury life. My uncle already sold some lands of my father by doing his fake signature ( which are part of my father ancestral property). But due to simplicity my father never restrict them. But whenever he ask for his share they ignore him. even we are not in joint family since last 15-20 years. My father is a simple man and show no courage to demand for his share in his father;s property. My grand father is now 95 years old. Both my uncle live a luxury life. I want justice. Kindly guide me how can i claim my share in my grand father property ( even if my father does not favour me). i know he want his share but with peace, which is not possible now as both uncle has complete hold on ancestral home and properties. And they are not interested to talk on this matter. Please guide me.
Answers (4)

Answer #1
989 votes
As the properties were partitioned and the share holders were possessing their respective shares in the properties, it becomes individual's own and absolute properties.
Therefore whatever property is in your father's possession now shall e his own property and you may not eb eligible for a claiming a share in it legally.
However, you may issue a legal notice to your father and his brothers seeking a share in the properties sold by them in the past without your knowledge and consent and ask them to give your share out of the sale consideration amount they received from it, let them give a reply based on which you may find some grounds to file a suit as per your proposal.
Consult a seasoned lawyer who may be having more different ideas to procure the desired reliefs.
Answer #2
705 votes
you can get your grandfather's property by filing partition suit. in that suit you have to mention other legal-hairs of your grandfather as a opposite party. all the legal-hairs including your father get equal share.
Answer #3
722 votes
You have not provided required details to advise you.
Suggest, if you are in Bangalore-contact us. We will see if the situation favours moving court for partition.
Dr Gubbi, Counselor & Advocate, Bangalore
Answer #4
884 votes
you can file suit for partition. because it ancestral property so you have right to ask your part of share. so u can file a case for partition. and need some more details like for your grandfather how many children whether they all got there share, and for your father how many children etc... all this information is required but any how you can get your share. for more details contact me

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