Partition of ancestral property

946 votes

Your entire submission revolves around family fued.please be specific about your query.State the facts which are germane to succession of property.please go through the related property details and revert to lawRato site.

Advocate Goutam Majumder LawRato

940 votes

You can file a partition suit before the court having jurisdiction depending on where the property is situated. It will be advisable to file a general diary with your local police station stating the facts of your case as a protective measure

Advocate Alakananda Das LawRato

771 votes

It is pertinent to mention here that you have failed to mention the date of death of your father as because the law has been amended in the year 2015 and after insertion of the amendment the married daughter has right in the property as per Hindu law prior thereto she has no right to claim. Please check out the same from your end.

Advocate Mahesh Kumar Joshi LawRato

671 votes

Just because your sisters are not interested in the partition deed doesn't disentitle them of their share in the property.
Apart from that if your father wants to give his share of property to you then he must create a separate will to pass on the property in your favour.
Also if you are on good terms with your sisters then ask them to execute a relinquishment deed to relinquish their share in father's property in your favour.

Advocate Samyak Raj LawRato

612 votes

Hello
Above mention property in this ancestral property?
Now which is in favour of who's name
Title of property?
Your father wrote the will you're grand son name in will register or not
Contact an Advocate

Advocate S Rasak LawRato

763 votes

Dear client,

The Hindu Succession Act 1956 originally didn't give daughter to equal right to parental property . after amendment of 2005 the married daughter have equal right into parental property . Hence they can file partition suit for her share .

Advocate Sanju Lata LawRato

742 votes

Can a suit for partition of property be filed in Karnataka for a property in Kerala

Where the property is situated, that jurisdiction can be consider as jurisdiction to the court. Therefore you need to move the partition suit before the Kerala Court only

Advocate M Lakshmikanth Arya LawRato

960 votes

Respected sir
you stated that you have inherited property and further you also stated that your uncle has mutation some 500sq ft. .I telling you without partition can not mutated the property .now you imedeately file a partition suit against the other Sher holder .

Advocate Ravindra Kumar Panwar LawRato

604 votes

I have perused the contents of your query and would advise you to file a suit for declaration thereby declaring the transaction/ mutation as null and void. Further you should issue a notice to all the legal heirs for partition of the property by meets and bounds

Advocate Anubhav Kathuria LawRato

501 votes

Perused your query. If the holding property is ancestral property then father in law can transfer the property upto the extend of his share. And daughter in law holds coparcenery right in the ancestral property. Thus she can claim her right in the property. In case if the property is self acquired property of father in law, he have every right to dispose off the property in any manner as per his desire. So nature of property is very crucial, whether it is self acquired or ancestral.

Advocate Aniket Bhosale LawRato

630 votes

if that property is self acquired property of ur father then he can transfer to any one. daughter in law can't claim. but if that property is ancestral property then wife and daughter of died son can claim for their share. any more information u can call me

Advocate Minakshi Bapu Ovhal Dakhane LawRato

621 votes

You all can go for family settlement deed…where u just have to pay 2% stamp duty….this is the one of the best opinions if u all r in possession of the said share …plz b in touch for the same …this deed can really solve things

Advocate D. Khan LawRato

528 votes

In this scenario as per the Hindu succession act, the property will devolve upon the mother,2 sons, wife and children of pre deceased son and the daughter equally to the extent of 1/5th each. Also this would only be possible if the father has died without leaving any Will behind. If there is a conflict of share then suit for partition needs to be filed or else any family settlement deed would solve the purpose. For any further legal assistance please feel free to contact.

Thanks

Advocate Bhawana Pandey LawRato

641 votes

hello client as i can see your issue i can see is really very much serious . in this matter tgevthing you are saying is not at all possible in any manner . so if you need solution for this issue court is the only possible way .

Advocate Vishwanath Pratap Singh LawRato

904 votes

No you cannot register the property directly at sub-registrar office, either other brother has to be jointly under family settlement deed or you need to file suit for partition for your case …kindly b in touch asap

Advocate D. Khan LawRato

906 votes

you may get the property partitioned by an order of the court and then the property may be registered. it very often happens that one of the co-sharers in the property may not be willing to allow the other co-sharers to take their part in the property. then in that case, it can be partitioned by an order of the court.

Advocate Kawaljit Singh Bhatia LawRato

879 votes

If you fail to do partition on amicable grounds then it is advisable to claim the partition through court. You would require to share your details to know the better strategy of your matter. For any further legal assistance please feel free to contact

Thanks

Advocate Bhawana Pandey LawRato

978 votes

No, without the consent of one of the shareholder, the property can't be partitioner as per Indian succession act. therefore, if he is not agreeing the better recourse will be to approach the court by filing a partition suit at the court and get your individual shares demarcated and can utilise or sell of in accordance with the decree.

Advocate Yuganshu Sharma LawRato

584 votes

Hello, this is Advocate Mandeep Singh.

I received an enquiry from you for your legal issue. Please let me know how can I help you.
We serves at all courts in Delhi .

For more details u can contact us

Advocate Mandeep Singh LawRato