Ancestor property and rights

Rastogi (Querist) 04 January 2015 This query is : Resolved
whether the ancestor property is always divided equally among sons?

In the absence of regetered partition deed, if one son is in possesion and enjoying property more than the other son for more than 12 years, what is the implication of this? Can second son file a suit for equal parition?

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ABDUL RAZIQUE (Expert) 04 January 2015
yes it may file for equal partition

Sailesh Kumar Shah (Expert) 04 January 2015
rightly advised.

Rajendra K Goyal (Expert) 05 January 2015
Ancestral property is Divided equally among all the legal heirs equally.

T. Kalaiselvan, Advocate (Expert) 08 January 2015
Yes, the other person, if entitled to an equal share can file a partition suit for equal share in the properties.

Rastogi (Querist) 11 January 2015
If the other person has taken the excess propery on registered mortgage which shows propery is not equal in share.

Can the other person still claim the equal share when he himself has taken the property on mortgage?

There is no registered parition deed.

Guest (Expert) 11 January 2015
Dear Author,Please consult local Good advocate with all Documents/Evidences and Proceed Legally to Obtain your Legal Rights of your Legal Share Eligible to You.

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