Ancestral property dispute
ROHIT
(Querist) 28 October 2017
This query is : Resolved
We have a house in our ancestral village which is not being registered in the name of any of the family members. The house was built by my Grand Parents. My grandfather died 4 years back without leaving any will for the same. The surviving legal heirs include an ailing widow wife, two sons and one daughter. There is a lot of tussle and issues existing amongst my grandma & uncle as because of the wicked behaviour of my uncle. What are all the legal remedies available for the same and how come this ancestral property can be distributed amongst the legal heirs?
Vijay Raj Mahajan
(Expert) 28 October 2017
File suit for partition in the civil court. Let the legal heir entitled to get share made party to suit. The civil court being satisfied of list of heir apperant shall order for partition of the property by selling it and distributing its proceeds amongst the heirs according to their entitled shares.
Rajendra K Goyal
(Expert) 28 October 2017
As the documents are not in the name of any family member who is the owner of land actually. Please confirm from the government records first.
If the land belong to government or some other person and your grand parents constructed house on it, any dispute may alert the actual owners.
ROHIT
(Querist) 28 October 2017
Thank you, both of you.
Ms.Usha Kapoor
(Expert) 29 October 2017
your ailing widowed grand mother,2 sons and one daughter are all class 1 legal heirs . First you get Legal heir certificates from local Tehsildar and file a suit for partition and allotment of your 1/.4 th share each in that property even by disposing off the house property in question and allotting the sale proceeds towards 1/4 th share each in the sale proceeds of your dead grand father's house who died intestate.
Ms.Usha Kapoor
(Expert) 29 October 2017
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