Procedure to claim share in ancestral property

I have lands in Jharkhand and Bihar that belongs to my family property. It was under my Grandfather and Grandmother. We are 3 legal hires for the property, one is my uncle, second is me(because my father expired too) and my Paternal Aunt. We haven't filed for the partition yet in any court. But the main concern is my uncle who is also a lawyer once took my signature and changed the papers(as he is a lawyer so he tried to bluff us), but we got to know and filed a case in Circle Office in Jharkhand. So that he couldn't take the Chalan on his individual name which earlier used to be on my Grandmother's name. Then he sold few pieces of lands from the property in Jharkhand without letting us know and without any partition filed. And also he is trying to sell lands from the property in Bihar. 1) How to file a case in Patna Lok Aadalat so that the property that is legally belongs to me will be safe in our hands? 2) How to take ownership for the property that is legally belongs to me?

Answers (2)

152 votes

Best recourse is to file a Partition Suit and pray for injunction therein. Also, for his illegal acts, you can file a criminal case against him too. Proceed with caution and fast to avoid any further problems.

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158 votes

Venerated Sir,
First I would like to inform you that as a legal heir you have right to file injection suit before appropriate court to stop selling of land to other by the co- shareholder insofar as share will devide amongst each other. You file petition to circle officer to stop executing receipt on his name. File one criminal case . Lok adalat is not appropriate forum to decide your matter. Feel free to call for more help. Give feedback.

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