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Father refusing to take share in ancestral property. How to claim my?


02-Sep-2023 (In Property Law)
Grandmother expired recently. The ancestral property got divided between father and brother. Father refused to take his share. How can i take my share in the property?
Answers (3)

Answer #1
860 votes
Sir, by issueing legal notice to all members including your father you can demand your share, and upon failure, you can initiate civil process by way of filing suit for partition, declaration, and injunction against all the members wherein you can ask for your share of property.
Answer #2
813 votes
If the property is ancestral you can file the suit for partition. That you are one of the coparcenar as per the hindu law of succession you have the same rights in the family. The suit can be brought for partition.
Answer #3
658 votes
Sir,

You being the legal heir can claim your right in the ancestral property being a part of HUF even if your father refuse to take his share. Your father can transfer his share to you by executing necessary document or else you can file suit for partition against other relatives adding father as formal party.

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