How to divide fathers property among siblings


Dear Sir, I am from Tamilnadu & requesting you all to clarify below query. We are three brothers & one sister.We are all married & settled. Our parents no more at present. So , we want to get our shares from our Ancestral Property Past few years, I am in overseas. Now I am going to settle in our native place.But Our brothers refused to give my share. Due to Ancestral Property, I do not have any documents. No more will for this property. How to get my share & what is procedure. Pls advice me Thank you Manickam

Answers (2)


93 votes

Sir, Your case is not new. But, for claiming a property you need to know some basic details about it. Nevertheless document can be procured from the concern sub-registrar offices by applying certified copies. The current Hindu succession Act gives equal right to between you and your siblings (including your sister). After reaching India you may try to make a amicable talk for reaching a family settlement. If it is not fruitful you may file a partition suit claiming your share over the ancestral property.


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299 votes

You have to file a partition suit seeking partition and separate possession of yor legitimate share in it.

They may do all gimmicks by refusing to allot you any share, but you should not give it up.

If you are in abroad then you may give a power of attorney to any trusted person here in India to take care of the court cases.

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