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Jaishankar (Executive)     24 April 2010

Ancestral Property Partition

First case

My father and his two brothers had divided the ancestral property, between themselves.

Now, my father wants to hive off the property to my two step sisters and does not want to give any partition to myself and my brother.

Can I take legal step to get our rightful share or not.

Or do my father has the right to transfer the ancestral property share to my step sisters only.

Kindly advice

Second Case

Another agricultural land is still in ancestors name and no division has taken between my grandfathrs( no more) and their sons ( my father and uncles).

Can we get any share rightfully. Or my father after partition can do whatever he wants.

 

Advice



Learning

 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 April 2010

you can get share in the second case

 

for first case more details required - How they divided the ancesttal property among themselves

bhagwat patil (Property due diligence 9422773303)     25 April 2010

you will get the shares in both.

Suraj (student)     26 April 2010

You will get share in both the properties.

Your father cannot transact with the ancestral properties to his will and wish as the same is not a self aquired property of your father.

Step sister will have a share but she cannot seek partition during the life of your father. But you have right to seek partition and this is one of the way by which you can claim your rightful share.

Chandrasekhar (Asst Manager)     29 April 2010

First case

You will get the share because it is of ancestral property and u got each and every right to get the share of property.  You approach a good lawayer and take legal steps if your father is not giving share in the property.

Second Case

You will get the share righfully.

Mahendra Thale (Account Manager)     29 November 2011

Mr. A & Mrs. B had one female child. Mrs. B dies in accident.  After one year Mr. A marry with C. Mr. A & Mrs. C gave birth to four male & three girl childrens. Mr. A dies without any will. After some years Mrs. C was also dies without any will. Presently all four sons & four daughters are married.

Whether all these eight persons will get equal share in Mr. A’s self generated property, or Mr. A’s first wife’s daughter will get 50% share and remaining 50% to second wife’s children (four sons & three daughters) .


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