How can we get our share in our grandfather's ancestral property?


How can we get our share in our grandfather’s ancestral property? My father bought some shares from his brother and made a bigger share for himself and made the whole plot as his wherein I also paid around 2 lacs.

 

Father took a stay order when we asked about our share. The property is in my mother's name as well who has expired.

 

How can we go about it?

 

Answer

 

The factual matrix of your query is quiet hazy. You have not mentioned as to how many brothers your father have had. You have not mentioned the fact as whether there was and partition between your father and his brother after death / during lifetime of your grand father.

 

In case you father purchases the share of his brother then he becomes sole and exclusive owner of that part of property although you mother is also a co-owner of that part of the property. 

 

Further, being a coparcener you are entitled for equal share with your father which he got equal to his brother (assuming there was a partition), you are entitled to file a partition suit in civil court regarding only that extent of property which your father acquired as his share in the ancestral property (excluding purchased one from your uncle). 

 

You are entitled to get vacated the stay (injunction)by filing appropriate application under Order 39, Rule-4 of the Code of Civil Procedure, 1908. Anyways, you will get remedy oriented and efficacious advice if you bring the real facts along with the relevant documents.

 

Kindly contact us for any further details and action.

 


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