×
  

Continue to LawRato.com with Google


Continue

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)

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 member..you 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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Property Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
25 years Experience
Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

Document Review - Gift Deed

4.3 | 37 ratings
Fixed Price Rs. 3499
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
Fixed Price Rs. 6999
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Fixed Price Rs. 4999
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Fixed Price Rs. 9999
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Fixed Price Rs. 4999
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
Fixed Price Rs. 6000
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Fixed Price Rs. 7499
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Fixed Price Rs. 1999
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
Fixed Price Rs. 9999
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Fixed Price Rs. 19999
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

my age 30yrs unmarried. my grandpa have 3 sons & 45 acres land. 45 acres land given to 3 sons each one 15 acres my dad share 15 acres. my grandpa …

Read More

We have an ancestral property. Our grandfather died in 1990 and my father died in 1998. Now my father's sisters are asking for equal share in the …

Read More

Father acquired grandfather's self owned property through will. He disowned son & daughter in law due to their matrimonial disputes. Daughter …

Read More

I have a big ancestral property in my village but my uncles are not ready to sell, there are 6 partners in that property , what to do please suggest a…

Read More

Get free assistance for your legal issue