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Procedure for the partition of the ancestral property
04-Jan-2023 (In Property Law)
hi My parents (both deceased - pased away in 2015) have a property in Gujarat.(which was built in 2009) My parents have 6 siblings.(2 sons 4 daughters) I am one of the daughters, there is no will . My brothers have registered all siblings names on the panchayat register. They have also transferred their names on the property via a lawyer - we were asked for NOC and we refused - they (my brothers) do not want to give us our share . We all live abroad - 3 sisters (UK) 1 sister in (USA) and both brothers in (Canada). Please let me know what we could do so we can get our share on the property. The brothers say they are going to sell the property. Is there anything we can do from UK or do we have to go to india .? Thank you
Your brother can not transfer the property without your consent. You have to file civil suit against your brother in the civil court. You can send power of attorney for further proceedings to your known person or reletives initially .
Helpful?
you can file a case for your share where you will get your share and your will never sell it alone. If the property already sale without your consent then it will become illegal.
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Adv. Brijendra Singh
Ahmedabad | 100+ Answers
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Hi, As there is no will then succession act will apply. Succession acts are different for diff religions. So what is your religion?
Your brothers will not be able to sell any property without your consents. To safeguard your interests, its advisable to take help from a local lawyer and send notice as well as initiate the process of getting your name entered in property documents. You also can get notice published on news papers. A local lawyer can help a lot.
Your brothers will not be able to sell any property without your consents. To safeguard your interests, its advisable to take help from a local lawyer and send notice as well as initiate the process of getting your name entered in property documents. You also can get notice published on news papers. A local lawyer can help a lot.
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Adv. Tanu Oza
Gandhinagar | 100+ Answers
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Dear Ma'am. As there is dispute with respect to the ancestral property In my opinion you are required to file civil suit for partition of the property equally between all. Any one of the siblings interested in partition has to remain present before the Court initially.
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Adv. Dhruti Shah
Ahmedabad | 25+ Answers
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