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Procedure of division of ancestral property.
05-Feb-2023 (In Property Law)
Sir, It is to inform you that my father had done two marriages which was against our wish. I am son of first mother. And there are two step brothers from second mother. My mother expired five years earlier and my father expired last year. Now, I want to know that how ancestor- property will be divided among us(I myself, two step brothers, step mother) Is there any law according to which property can be divided in one-third parts? Please give useful legal advice which would be helpful to take future actions.
1. You can file a partition suit claming your share of the property,
2. Get the property partitioned and devided by meets and bounds,
3. If the property is not a dwelling house where all the co-owners are staying together, you can sell your sharte to a third party,
4. If it is a jdwelling house, you shall have to offer to sell your share to all the other co-owners at the same price which you are getting from the third party and if they refuse to buy the same, you can sell it to the third party.
2. Get the property partitioned and devided by meets and bounds,
3. If the property is not a dwelling house where all the co-owners are staying together, you can sell your sharte to a third party,
4. If it is a jdwelling house, you shall have to offer to sell your share to all the other co-owners at the same price which you are getting from the third party and if they refuse to buy the same, you can sell it to the third party.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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You can file partition suit in accordance with Indian succession act by making respondents to your step brothers before compitenent court of civil jurisdiction and court can pass the order of partition between parties.
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Adv. Jitendra Kumar Pandey
Lucknow | 25+ Answers
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You have not provided with two very important pieces of information without which we are unable to advise you. Firstly, please tell clearly if your father did the second marriage before or after the death of your mother. Secondly, please me if the partition is being done by mutual understanding or is it contested partition because procedure is different for both.
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Adv. Prateek Mishra
Lucknow | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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