Procedure of dividing ancestral property equally among legal hiers
17-Jan-2023 (In Property Law)
My grandfather died in 1989 and it's regarding registration of property on his sons name. Grandfather has three son and five daughter. Out of three son eldest son died in 2005. Now remaining two so s wants the property to be distributed among all equally.what is the process to get this done? Being one of the granddaughter I have been hearing it's a lengthy process and complicated also and no one taking interest to get this done. Pls advice.
Total property shall be distributed as notional partition . 1st the entire property will be divided between deceased father and all son. And the share of the deceased father shall be divided equally between all son and daughters.
No. Its not a lengthy and complicated procedure. It can be done easily, if all the legal heirs are available. The Property will be divided into 8 parts. The legal heirs of the eldest son will hold1/8th part of property.
A family settlement/partition can be done and executed in the Court of Law.
A family settlement/partition can be done and executed in the Court of Law.
If the remaining two sons want to divide the ancestral property amicably between themselves, they can file an amicable settlement petition under the provisions of OLR Act before the concerned RI under whose jurisdiction the property is situated, who would thereafter making an enquiry report refer the same to the tahasildar for passing of appropriate orders as to the amicable partition of the said property and issuance of patta/ROR in respect of the parties. This is not a lengthy process at all and not at all complicated. Moreover strict directions have also been recently passed to the RI and Tahasildar to expedite such matters in a time bound fashion.
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