Division of ancestral property among three brothers
16-Jul-2023 (In Property Law)
Dear Sir, This is a matter of division of property among three brothers. The agricultural property is in the name of father.The father accquire the property from two mainly sources inherited and gifted.one house is in the name of mother. Now , the problem is that the elder brother has possessed all the agricultural property forcefully and he is not agree for the division of the agricultural property. Also he now starts to posses the house which is in name of mother. I want to ask how to proceed legally to get division of the property by the court of law among the three brothers. Thanks SHASHI RANJAN KUMAR
Law of inheritance is governed by people personal laws e.g Hindu or Muslim law. Since u r Hindu u will be governed by Hindu law. As far as ancestral property is concerned u certainly entitled for those. You need to file partisan suit in civil court to specify ur share of property.
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All the property, excluding in mother's name, are liable to be partitioned amongst all brothers equally. Partition can be done either with mutual consent or through court of law. If elder brother is not ready, a partition suit can be filed in the concerned civil court.
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First if possible all of you sit together with peace full mind in cohesive atmosphere and get the ancestral property devided. If the same is not possible, contact a good lawyer, apprise him about all the facts , documents and act according to his advice.
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