How to claim share in ancestral property after husbands death

Hmari ancestors property hai(mere husband ki grandmother ki property hai) building material ki shop hai 300gaj area paharganj mein.. Phle mere husband vha baithe the fir husband expired hue to uske baad mere brother in law baithe hai.. Ab unhone property sale ki without my permission.. Lease ki property hai unke pass papers bhi Ni the iss property ke.. Vo vha pe construction work bhi shuru ho chuka hai.. But in front of me vo accept Ni kr re ke sale ki unhone.. Aur mere bacho ka share bhi nhi Dena chahte.. Vha vo shop tut kr flats bnne hai jisme in sbka mere husband ke cousin's ka share hai but Mera nahi h share.. Cash mein bhi kuch Ni diya.. Poora Paharagnj accept kr ra hai vo shop sale except my brother in law.. So wat can I do?? Immediately action Lena hai but kaise kru kya kru plz let me know.. Rply asap..

Answers (5)

A suit under the Hindu Succession Act can be filed along with an application of injunction against your brother-in-law. Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place. So, the portion which would rightfully come to the husband would, in the event of his death, will go to his wife.

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This is a very a long story as understood from the Brief.
The best course of action for you is to file a police complaint against your brother in law for illegal construction and trespassing and file an injunction suit before the district court in order to stop the construction.

Further assistance can only be provided after looking at the documents.

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U and ur can children have a share in the property irrespective of whether it is sold or not.
U will have to approach the court to seek partition of the property.
Kindly arrange the papers of sale and also chain of transfer of property and then contact me.

You can file a suit for partition in metes and bound by impleading all the other persons as respondent; along with an application praying for injunction restraining your brother in law or any other person from creating third party rights.
If your husbands grand mother had already been died before your husband than you also have rights but the actual catch is that all of you are entitle for superstructure in the light of the Supreme Court judgment that the leasehold rights in the land underneath the property are to subsist in the parties in equal undivided share and it is only the superstructure which is to be divided.


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