Property dispute

Querist : Anonymous (Querist) 30 September 2020 This query is : Resolved
My age is 33 I am male n unmarried and don't have any intention for marriage so this is the reason why my family don't want me to grow ie get success in my life they creates lots of obstacles in my life i used to run coaching class but now stopped due to Corona. I have ancestral property which is not on my name.its on name of my family . I am interested to do agriculture but they always creates obstacles.besides tat I don't have ample of money also I want my property in my name.as they are using the property and earning money from agriculture so how can I acquire the property is the burning question for me????

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Rajendra K Goyal (Expert) 30 September 2020
How you find that the property is ancestral joint family property?
Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period.
If the said property satisfy the condition, you have a right in it from birth. Discuss with a lawyer and file case of partition.

Hemant Agarwal (Expert) 30 September 2020
1. You are not going to get any Property or Prosperity or Success in any Career, SIMPLY because
aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (Expert) 30 September 2020
You stated that your family creating a lot of obstacles for you. Does your family mean, is it your parents and siblings? And you stated that ancestral property is not on your name. How is it possible, if all other legal heirs release their rights to you, they gift you? Your question is seems to be not correct.

Dr J C Vashista (Expert) 01 October 2020
No family desire their son to prosper / grow in his career.
Marriage is social/family obligation and biological requirement of every human being, why are you scared of and running away ?

Querist : Anonymous (Querist) 01 October 2020
Hemant sir due to some reason I can't disclose my name???

Querist : Anonymous (Querist) 01 October 2020
Dr jc vashista sir I am not running from marriage ok their are examples of people who didn't marry for ex Anna hazare , apj Abdul kalam and many more

Querist : Anonymous (Querist) 01 October 2020
Rajendra goyal sir it is property of my grandfather which is physically distributed between 4 brother s means my uncle's.

Querist : Anonymous (Querist) 01 October 2020
Kavksatyanarayana sir yes parents and sibling.ancestral property is of my grandfather he is no more in this world so it is distribute d between 4 brother including my father and 3 uncle.so I also have right on that property, why should I consider it as gift it is my right???

Rajendra K Goyal (Expert) 01 October 2020
The property belonged to your grandfather, it was partitioned by your uncles, it is not ancestral property after partition.

What about the share in property of your father received by him after distribution.

You can request your father to give you a portion of it or agriculture purpose.

Querist : Anonymous (Querist) 01 October 2020
Property is in the name of my elder uncle it is distributed physically between 4 brothers but not on papers now it is in the name of my elder uncle I think so .on request for property father just try to avoid that talk. Father don't want to give it and I am ready to take property legally also my share will be nearly 4.5 acre in my grandfather property and which is near to smart city and also railway will be going from tat property.my father brother and mother don't want me to take tat property and so they always fool me and due to lockdown they are fooling me more bcoz my class are closed.besides tat my other relatives are on my side like uncle aunt cousins etc..plz tell me what to do in straight forward way...

Rajendra K Goyal (Expert) 01 October 2020
If the property was partitioned, you can not claim it as such.

Your father, during his life time, can sell / gift / mortgage / assign his share in favor of anyone, you can not object.

It would be better to show all documents to some local lawyer and discuss in detail.

Querist : Anonymous (Querist) 01 October 2020
Yes I will consult lawyer but father can give his self acquired property to 1 son only but he can't give inherited property to 1 son only it is to be divided between 2 sons.

Rajendra K Goyal (Expert) 02 October 2020
After partition, property is treated as self acquired by father. He can dispose it as per his wish.

Dr J C Vashista (Expert) 02 October 2020
It would be appropriate and better (in your own interest) to seek service of a local prudent lawyer for professional guidance and necessary proceeding.

P. Venu (Expert) 03 October 2020
The postings suggest that the author is fond of unverified and/or imaginary situations.

Querist : Anonymous (Querist) 04 October 2020
Rajendra sir ok after partition it is treated as self acquired property but all the legal heirs has equal right in the property?? Ya I am consulting local lawyer...

Querist : Anonymous (Querist) 04 October 2020
Venu sir ya based on the experience I am forecasting this n what my other relatives recommend based on that...

Querist : Anonymous (Querist) 04 October 2020
What if I go directly to police station and ask for stay on the property bcoz I am working on agriculture land and they are not distributing the income so that means they are treating me like worker and in fact I am the owner.....

P. Venu (Expert) 04 October 2020
The police have no jurisdiction to interfere in a civil case.

Rajendra K Goyal (Expert) 04 October 2020
If owner expires intestate, property would be owned by all legal heirs. If owner has bequeathed, sold, gifted legal heirs can not object.