Advise on ancestral property


My father does not want to give any share in my grandfather's property and want to give the entire share to my younger brother. He is stating that what ever was my share has been sold during my education and there is nothing left. Can I claim the remaining share of my property? What is the steps involved in it? Please suggest.

Answers (3)


218 votes

You can file a partition suit in the Civil Court to let the Civil Court decide what actually your share shoud be out of the ancestral prperty. The property/money spent in your education will be deemed to be spent from your father's self-acquired property, because right from your childhood when you started schooling, your father was the peroson who had duty to spend money on your maintenance/education. He has no right to spend money for your education/maintenance out of the ancestral property. Just file a partition suit in the Civil Court!


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266 votes

Hi,
You have a good case and a partition suit is to be file in the court claiming your share in the ancestral property. Your father's verbal or even written denial cannot invalidate your right to property.

Raghvendra Singh Raghuvanshi
Advocate- Indore

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270 votes

Any person can give any property to any one, if it is self acquired. But in case of ancestral property he can't deprive any heir. As regards your education expenses, it was your father's responsibility and duty. If
You will have to approach civil court

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