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Prashant_t (Owner)     07 August 2012

Claiming of share on ancestral property

Hi,

Need a advice on course of action I have to take to claim on our ancestral property as detailed below.

 

1) Property: there are 2 piece of property in Satara city of Maharashtra, a) A building which was rebuilt some 30 years ago by my father in place of our old house. b) a open city plot neighbouring the first.

2) This was came suceeded as Great great grandfather, then Great grandfather, then garndfather, and now has title on my father's name. So speaking in terms of generation it is my 4 th generation.

3) Since till date there was no legal issue arised and none of dead forefathers wrote a will, it naturally transferred to sons name resulting final name of my father who is alive.

4) I parted away from my family in late 2009 taking nothing. I have 2 sisters and 1 brother and mother father who are now together in terms of opposit to me.

5) With the way my familly made several attempts to trouble my life I have decided to break it forever and with that notion started afresh of my own. Mean time I contributed and served family in personal and professional capacity as obligation and duty of the son and member.

 

Now I have decided to claim a share on the said property. Since my father bypassed my aunts share while transfering property, he is only title holder as of today. He himself purchased many properties by his own and I am not interested to claim any on it.

I want to know what should be course of my actions to file a suit to claim my share. What kind of documents I will be needing (please not whatever we have in documents is with my father and he will not give them to me any for protecting himself).

Should I first serve him personal notice myself before landing to court and appointing a lawyer?

Please please advice me.

 

Thanking you,

Dr. Prashant



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 August 2012

Dear Prashant,

 

Since it is an ancestral property. you also have a right in the share of th same.

 

You may send a notice through advocate asking your share in the property. Failing which you will have to approach the High Court for filing Partition suit.

 

You may call upon 09324538481 for legal assistance.

 

Regards,

Advocate Rohit dalmia

Mumbai

Srinivasa Rao Yaramati (advocate)     02 October 2012

it is an ancestral proprty so you wii get eqal share along with all legal heirs.poper sut is for poor peopel thoes who can not affort to pay court fee.so u bettr to concult an advocate and regarding juristiction and value of property the court will be decided.you have to produce the documet details along with suit.


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