Daughter's share in ancestral property

Dear Friend ,

You are having only two options in your hand either go for the family settlement or go for the Declaration , Partition and Possession Petition in the civil Court of your area jurisdiction.

There is no checklist in filing a civil suit for the above purpose, it is a simple suit in which you have to first establish with the proper evidences that the property is an ancestral one (This can be traced by the Due Diligence report od the Sub-Registrar office and enries in the Khsara and Khatauni books of the agricultural land in Question with the concerned Patwari of the village under Tehsildar office and Sub-Registrar of the land and property..

Secondly, you have to mention the list of the all living/ serviving family members as legal heirs of the deceased from whom the father has got the ancestral property as each and every person of the legal heir will get equal share as per his/her claim.

These type of cases, take not much time unless these are protested and contested by the other side. However, it will not take more than 3 years in any case if it is prepared and presented by a good and experienced Advocate of the field.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Ph: 9582144748

First of all it is to be known whether it is an ancestral property or your mother's grandfather's self acquired property which was acquired by your father.  If it is latter, then, upon your mother's father's intestate death, the share of property which devolved upon your grandfather will be divided equally to all his legal heirs and your mother will be entitled to one such share.  If the situation is not conducive, then your mother can file a partition suit seeking her legitimate share in the property.  Please consult a local advocate and proceed as per his advise.

What is due diligence report of sub-registrar office ?? Is it Encumbrance certificate or pahani certificate ??

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From an encumbrance certificate from the Registrar office, you can trace the dated back original title of the property and the subsequent transactions/encumbrances on the property till date.  In whatever circumstance, your mother has a right for a legitimate share in her father's intestate property, she can very well file a partition suit immediately along with an injunction petition to stay th operations of alienation of the property to any third person by your uncles.

Can we first file an injunction petition and partition suit later, coz getting an EC and pahani will take much time ??

After getting the EC and pahani certificates, we came to know that papers are not clear i.e. there are different names in papers.My mother's grandfather name is not mentioned in the pahani certificate.We tried our level best to convince mom's brothers and make an out of court settlement but they are still not ready for the settlement.Ofcourse the agriculture land (telangana) is not self acquired by my mom's father,he inherited it but the thing is mom's grandfather name is not mentioned in the pahani.My mom's brother know that papers are not clear.So how to make an out of court settlement ? Is it good to file a petition if papers are not clear ? Are there any options to stop them from selling the land ? What is the procedure of mutation of property ?