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clarification related to division of ancestral property


14-Aug-2023 (In Property Law)
We have a property which is on a lease. The property was initially owned by my great-grandfather and then he had written in the property document that the property belongs to his elder son i.e Mr A and he should give a portion of the property to other two brothers Mr B & Mr C. Now all the three grandfathers MR A, B, C are expired. The property through internal understanding is divided equally among all the three brothers. The property is occupied by all the members who have stake claim to the property. Please advise how do we proceed to add our name to the property. Mr A had 2 son and 1 daughter 1 son is dead 1 son is alive Mr I is alive daughter is alive and has given POA that she has no claim in the property, Mr B had 5 sons & 2 daughters. 4 Sons and 2 daughters have given up their claim and now Mr K son of Mr B will stake claim to the property . MR C has two son and 1 daughter again 1 son and 1 daughter have given up their claim and now only Mr M son of Mr C
Answers (2)

Answer #1
719 votes
The property is an ancestral property and seems to be unpartitioned then the other legal heirs who does not want to claim their share can relinquish in favour of their siblings by executing a release deed and the said document can be used to put the names of legal heirs on record.
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Answer #2
760 votes
YOU MAY PREPARE FAMILY SETTLEMENT DEED AND GET REGISTERED AT RESPECTIVE JURISDICTION OF REGISTRAR IN WHICH THE PROPERTY LOCATED . HOWEVER YOU SHALL WAIT TILL THE LEASE PERIOD GET EXPIRED TO AVAIL BENEFITS OF RESPECTIVE SHARE OF EACH FAMILY MEMBER. THIS SUGGESTION IS GIVEN BY PRESUMING THAT THE FAMILY IS BELONG TO HINDU RELIGION
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