Inherited property

Querist : Anonymous (Querist) 17 June 2021 This query is : Resolved
Dear sir
Nashik Pune railway is going from my farm which is inherited property and so it will be acquired compulsorily.my father is saying that he will not give me the share in compensation,what can I do to avoid this kind of wrong thing happening with me.....

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Advocate Bhartesh goyal (Expert) 18 June 2021
If the alleged inherited property is ancestral then you can claim else not.

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Querist : Anonymous (Querist) 18 June 2021
Yes it is inherited but how can I claim
Because maharail is going to compulsory acquire it and will sent the compensation in father's ACCOUNT how will I get that because father will not give it to me.

SHIRISH PAWAR, 7738990900 (Expert) 18 June 2021
Hello,

You have to send legal notice to your father and maharail later on you have to approach civil court and file a declaratory suit.

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P. Venu (Expert) 18 June 2021
How is that the property is ancestral?

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Querist : Anonymous (Querist) 18 June 2021
Yes the property is ancestral

Querist : Anonymous (Querist) 18 June 2021
Hello pawar sir I have to send this notices before acquisition and receiving of compensation only na bcoz in 1 month acquisition will happen

P. Venu (Expert) 18 June 2021
Your mere assertion serves no purpose. Inherited and synonymous are are not synonymous terms.

Has the property remained unpartitioned for four generations? If so, how is that your father in possession/occupation?

Has the Competent authority declared the award? Does the award hold the property to be ancestral?

kavksatyanarayana (Expert) 18 June 2021
it is better to issue legal notice for your share in the ancestral property before acquisition and mark the copy to the AGM/authority concerned of Maharashtra railway.

T. Kalaiselvan, Advocate (Expert) 19 June 2021
If the land acquisition process is just on the air and your father has not received any notice officially so far, then without waiting for any such communication from the railways or government side, you jump into legal action immediately and swiftly.
You file a suit for partition to get your share out of your father's share in the property(provided the property is of ancestral property in nature).
In the same suit you file an application praying to restrain your father from alienating or encumbering the proeprty in any manner till the disposal of the suit.
After that if the Railways issue notification for land acquisition, then you can implead the Railways as necessary party to the suit and make a prayer to distribute your share of compensation directly to your account at the time of disbursal of the compensation amount after the proposed acquisition.

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