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How to claim share in ancestral property
23-Jan-2023 (In Property Law)
Hello, I need guidence on my rights and next move. I have ancestral property like agri land and commercial property. but my father would never give details of any financial matters of it. Out of the agri land some part is on my name i.e 7/12 but its namesake. i am not allowed to go in that lannd or ask for any income from it(not getting a single bag full of grains which they grow there). I want to take possession of my land but what are the provisions in law for such situation against my own father. Thank u
Every legal heir has rights in the properties of the father and hence it is general advise that you will get your respective share in the properties. however there are many other options for you to oppose their claims.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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You can file a suit for partition of the ancestral properties by making all the co sharers as parties to the suit and simultaneously ask for mesne profits derived from the said ancestral properties. Simultaneously you can also ask for rendition of accounts.
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Adv. Satish Kumar
Hyderabad | 100+ Answers
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Hello...inrespect of ancestral property , all male members as well daughters in the family are entitled to their respective share in the property. and any body can seek partition of the same and if some properties are standing in your name. then u can always entitled to the same as owner thereof.if need arise u can file declaratory suit in the court.
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Adv. Dipika Jigar Panchmatia
Mumbai | 25+ Answers
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In 1980 your grandmother's father was the owner of the property, thereafter your grandmother's brother inherited the property alone since at that time in 1980, your grand mother was married and she expired in 1995, i.e. before 2005, the year of coming into force of the Amendment of Hindu Succession Act. Hence your cousins shall be the owners. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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100% your mother can claim the share of that property. How much you can claim is to be decided by sharing the detailed information of your family chart. You can even apply for partition in the court of law. Or if the other parties is trying to sale the property then also your mother can claim her share.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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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.
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