Remedy as father's share of ancestral property claimed by his brother

Hi, My dad past away last year and now his brother claims that the property is in is name. So, would request you to suggest what to do further. Our grandfather is alive and he is not confirming anything about the property. Also, we have one floor wherein my dad is co-owner with his brother. Need further assistance

Answers (2)

266 votes

Hello Sir, as you have not mentioned your gender it is difficult for me to reply in accurate manner, hoping you to be a male in order to get the property partitioned may file a partition suit in the civil court within the jurisdiction of the place of property and further as your grand father is not replying in any manner the ancestral property will be devolved to both i.e. you all as heirs of your father and the brother of your father. If your premise is in question then you may file partition and go for mutation or declaration of your property to be yours.

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229 votes

If the property is ancestral property, in that case you have a right by birth to claim a share by way of partition. However since your Uncle is laying claims over the share of your father and your grandfather is just a silent spectator as you have written. Moreover your dad was co-owner with his brother in one floor, in that case too you can seek partition of your share. The question is where your grandfather is the owner of the property and if he is alive then you cannot ask for a partition in his life time unless he has also inherited the property as an ancestral property and it is not his individual property. In either of the cases for the time being you can serve a legal notice demanding partition and wait for the response in which you will probably know the exact status of the nature of the property. Unless you have the title documents of the properties in question it is not advisable to file a suit for partition immediately. You need to do some more research and homework about the exact nature and status of the title which you can verify by visiting the Sub-Registrar's office concerned in which the said properties are registered.

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