672+ Lawyers are online 
How to claim ancestral property and partition it between legal heirs
17-Mar-2023 (In Property Law)
Sir/Madam This ancestral property is in Perumaal Mudali Street,Rayapettah,Chennai.My father, has misplaced his original document and now my parents are no more. We have acquired legal heir document from Tehsildar,Egmore(Taluk-Nungumbakkam) on 28-12-2007. We have also paid the property tax at Corporation of Chennai/Revenue Department. Problem 1)How to get the copy of my father's registered document which was misplaced by my late father? 2)How to include the legal heirs in my father's registered document as he had not included? 3)How to claim it being the married daughter of the family? 4)What is procedure for partitioning of the property among the 4 legal heirs? 5)What are the necessary documents needed for claiming the same? Kindly do the needful and oblige. Awaiting for an early reply. Thank you Mrs.Uma Kannan
As for as I consent it is my best advice for you that first you should log the F.I.R. in the concerning police station that your document has been misplaced then if your document is registered documents so you can apply for certified document in registrar office so you can get the all misplaced documents so far as the second problem is concern as you are saying that how to include your name as legal heirs of your father in the registered documents but you are not saying that what is the document under which you want to include your name so I'm unable to give you proper answer of your enquiry. In problem no 3 you are saying how to claim your share in your father's property so I would like to clear that the married daughter have equal right in the parental property after the amendment in hindu succession act 1956 section 6 which came into force since 09.09.2005 so if your father died after 09.09.2005 you have right to claim your share in your father's property.But you will have to prove in the court that such property is ancestral property for that purpose you will have to fill civil suit in civil Court and have to pay court fees according to the cost of your property. Your fourth problem is about the procedure for partition if any member in your family who is legal heirs of your father taking objection about your share then you Will have to fill suit for partition with prayer to get your share in the property and if no one is their for objection so you can move an application before tehsildar for partition between the legal heirs of your father but that application only can be fill with the concert of all the legal heirs of your father. The document is necessary to claim your share is as under:-
1.The documents which shows that the property is an ancestral property means how your father get the property means if your father get the property from your grand father and it was not the personal property of your father, so each and every document which explains the position is necessary to prove your case in court.
2. You can get all the necessary documents from revenue department.
1.The documents which shows that the property is an ancestral property means how your father get the property means if your father get the property from your grand father and it was not the personal property of your father, so each and every document which explains the position is necessary to prove your case in court.
2. You can get all the necessary documents from revenue department.
Helpful?
24+
24+
Adv. Rohit Jagwani
Gwalior | 100+ Answers
CONTACT NOW
Can father sell ancestral property without consent of minor son
sale of ancestral property without partition
Can ancestral property be sold after partition
Sale deed without partition Supreme Court decision
Latest Supreme Court judgments on ancestral property
ancestral property after partition becomes self-acquired judgement
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
