R 12 May 2020

Proceeding to claim my ancestral property.

sir/mam im 24yrs old man and my father has two more elder brothers. we have the agricultural land from my grandfather which is still undivided among the sons. since my grandfather died in 1994, now the property is in my grandmother's name. as the eldest son is looking after my grandmother he is enjoying all the property benefits now. and he is not ready for dividing the property among his brothers(my father among them) and he is not ready to sign for dividing the property .so is there any way that i can forcefully claim my property which is in my grandmother's name by the legal action. please suggest me a solution.

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10 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 12 May 2020

1. Father being legal heir of Grand Father, can file Partition Suit in local Civil Court. You can do file case on his behalf, after obtaining registered Power of Attorney (POA) from Father.

Keep Smiling .... Hemant Agarwal
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SHIRISH PAWAR, 7738990900 (Advocate) 12 May 2020

Helo,

You need not get his signature to get your share in the property. You have to file partition and possession suit in civil court against your uncles.

Regards,

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R 12 May 2020

thank you for the solution and do the daughters of my grandfather will have the right over that property? will they also get property if i file partition suit in court?

R 12 May 2020

thank you for the guidance sir helped me a lot

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Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.) 12 May 2020

Sir/Ma'am,

You can refer to https://www.lawyersclubindia.com/articles/all-about-partitions-in-india-9108.asp

Regards

Shreya

saravanan s (legal advisor) 12 May 2020

You have mentioned that the property is in your grandmothers name. How did the property devolve on your grandmother. is it by means of will ?

P. Venu (Advocate) 12 May 2020

Yes, you may file a suit for partition. How is that the propertyis in grandmother's name? Is she alive now?

G.L.N. Prasad (Retired employee.) 13 May 2020

The property is in the name of the grandmother. Your father has to issue a notice to your grandmother requesting for the partition of the property and demand for his share in the property and follow it up with a partition suit. (I am afraid that grandsons are not eligible for ancestral property partition during their father's lifetime and they can only claim their entitled share from the father after he gets that property from the partition.

Property matters in Hindu law appear to be simple and also more complicated. Contact a local advocate for proper guidance so that he can handle the case right from issue of notice and dragging the court case for another decade in future, if GM is not willing, and misleading the successors during deaths etc., during the next ten years.