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Deeksha Ramakrishna   07 September 2021

Ancestral property rights after the division

I want to know what rights does a daughter have on her ancestral property. My father has 3 brothers and our property is not yet divided officially. The share my father is getting is too less compared to others. The property belongs to both my grandfather and greatgrandfather.

As my father has agreed to sign the division papers for lesser share, I want to know how much rights do I have on the ancestral property after my father has signed? Can I give a legal notice saying "The division which has been done between my father and his brothers are not correct and my father should get more property" even though my father has signed the division papers? Can you please guide me on what are the ways that I can claim a proper share?



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 5 Replies

Dr J C Vashista (Advocate)     07 September 2021

You or your father should file a suit for partition, possession and permanent injunction for appropriate share in his ancestral property availing professional services of a local prudent lawyer.
1 Like

Shashi Dhara   07 September 2021

Issue legal notice and file suit for partition against all of them including Ur father.
1 Like

Deeksha Ramakrishna   07 September 2021

Thank you for your valuable answers. Can I still issue a legal notice if my father has already signed for the property division?

Shashi Dhara   07 September 2021

Yes u can ,but u must be major ,if u r minor,minor gaurdian can issue notice on behalf of you.
1 Like

M V Gupta (Advocate)     07 September 2021

You have not stated when the partition deed was signed and whether it is registered or not. if the deed was signed a long time ago and accepted by your father then it is difficult to challenge it. If the deed has been stamped and registered it can be nullified only by court order. There should be strong ground to approach the court-- such as undue influence, coercion, threat, etc exerted on your father to force him to sign the deed. If any of these exist then your father should get a lawyer's notice issued to all others concerned in the deed of partition of the properties.

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