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partition suit of ancestral property


06-Sep-2023 (In Property Law)

My grandfather has 6 daughters and 2 brothers and died interstate in 2004 leaving behind 15 acres and 3 guntas.In 2005 2 brothers and 1 sister mutated the property among themselves with 2 brothers of 7 acres 5 guntas each and one sister 33 guntas.In 2007 one brother sold 2 acres 5 guntas.and again in 2011 the same brother sold 1 acre and the other brother sold 3 acres 5 guntas.now they r left with 4 acres each.How can my mom claim for a share?, Is she allowed to claim a share only from the leftout 8a 33g or from the total 15 acres 3g.And how can they mutate without NOC from other legal heirs?

Answers (3)

Answer #1
431 votes

She should approach the appropriate court of law through her counsel and file a suit for Partition and separate possession in respect of the whole family property though it is already sold to different persons.

You should include the present purchaser of your family properties in the said suit. To get the information on the present purchaser you should apply for the EC for the respective land and thereby taking the document number information, and apply for the certified copies in the concerned sub registrar office.

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Answer #2
697 votes
Hi sir/madam, if partitioned was done without giving respective of share of your mother, your mother can file the partition suit against the family members of her i.e., her brothers and sisters. She can file the suit on entire property a total 15 acres 3 Guntas. Once decide your mother's share other rival claimants NOC is not necessary to mutate her name in the revenue of records of the her share property.
Answer #3
601 votes
She should approch the appropriate court of law through her counsel and file a suit for Partition and separate possession in respect of the whole family property though it is already sold to different persons. You should include the present purchaser of your family properties in the said suit. To get the information on the present purchaser you should apply for the EC for the respective land and thereby taking the document No. information , apply for the certified copies in the concerned sub registrar office .

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