Ancestral property

Nitin (Querist) 15 October 2016 This query is : Resolved
We have ancestral property. We are 5 coparcener. 4 coparcener have road side property and myself have in between and no access to use that property. I asked them to redistribute the property so that I can get one share along the road side since our father and grandfather died intestate. Can I challenge the partition made by my grandfather to get road side property like others ???????????

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Guest (Expert) 15 October 2016
Mr. Nitin,

Your query is quite deficient of basic facts. It seems to be an academic query rather than some real problem. However, if there is any truth in your description, please clarify the following points:

1) When the property was distributed and by whom and whether you were also present at the time of distribution?

2) By virtue of which document, you got the portion of ancestral property that does not have access to use?

3) Whether the related document was registered with the sub-registrar or not?

Nitin (Querist) 15 October 2016
1) partition was made by my grand father orally during 1984 between my father and uncles. I was not present
2) there is no title of deed
3) we 5 grandsons have joint ancestral property of 5 acres registerd in registrar office

My problem is that when property was divided,my father did not got road side share and moreover he got share in small pieces which is in between of others share. Since I want to sold my share but others are refusing saying that it is ancestral
Property and I can't sold my share with out their NOC but when I requested them to redistribute the all share equally so that I can get road side share they don't want saying that grandfather gave orally to them

Can I file suit to redivide property and separate my share again ??????

Guest (Expert) 15 October 2016
Oral partition has no relevance. You can insist for fresh partition or settlement and get the deed registered. You can file suit for that purpose.

Kumar Doab (Expert) 15 October 2016
If property self acquired by Grandfather, it may not be ancestral.

Oral partition needs to be proved.

Apparently you are Hindu.

Amicable family settlement ( just and proper with measurements and sides) Or partition suit/deed seems to be the solution.

Guest (Expert) 15 October 2016
Consult A Local A Good Senior Advocate and Apply for Legal Partition in Court.Your Issue would be solved.

Rajendra K Goyal (Expert) 15 October 2016
How you say the property is ancestral?
Who. when and how purchased the property originally?
How it came in the name of your grandfather?

Oral distribution may not be acceptable.

If your father is alive and property does not cover the definition of ancestral property, you have no claim.

Ancestral property:

Visit following link:

https://www.kaanoon.com/13362/what-is-ancestral-property

also visit if you wish:

http://www.lawyersclubindia.com/experts/What-is-the-definition-of-ancestral-property--263611.asp

Kumar Doab (Expert) 15 October 2016
You have posted that:

"since our father and grandfather died intestate. "

Amicable family settlement ( just and proper with measurements and sides) Or partition suit/deed seems to be the solution.

Sri Vijayan.A (Expert) 15 October 2016
Make a family arrangement settlement or file suit for partition.

Ms.Usha Kapoor (Expert) 16 October 2016
Agree with experts.

Rajendra K Goyal (Expert) 16 October 2016
Try for amicable settlement.

If not possible, file case for partition.

P. Venu (Expert) 16 October 2016
Try to execute a deed on the basis of the alleged oral partition.

Rajendra K Goyal (Expert) 20 October 2016
Repeated:

http://www.lawyersclubindia.com/experts/Ancestral-property-620211.asp

http://www.lawyersclubindia.com/experts/Ancestral-property-620591.asp

Kumar Doab (Expert) 20 October 2016
Why to repeat?

Ancestral property

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