bubujing 24 November 2015

Documents required for ancestral property partition

Hello everyone,

I want to file for the partition of our ancestral property, which is the self earned property of my late paternal grandfather with the jewellery belonging to my late paternal granmother. My father is the only son and heir of my late grandparents. My grandfather left no will at the time of his death.

I am the oldest daughter of the family and I have 3 brother and 1 sister, all married and with children. My parents are alive and well and are senior citizens.

However, on influence of my greedy sister and brother-in-law and my brothers, my father does not want to share any ancestral property or jewellery with me and has refused point blank to give me any ancestral jewelery that he wants to reserve for my brother's wives and children. I heard from a family friend that they have been selling off minor plots of land, without taking my consent. The landed property is about 100 acres of agricultural and fallow lands, as well as orchards.

What documents would I need to collect before I approach a lawyer? I have printouts from bhulekh with the appropriate tenant names and khatian numbers, are those sufficient or would I need certified copies as well.

I initially approached a lawyer to take up my case and we started discussing the matter, however he was gained over by them and started delaying and wasting time. This time I have found a hardworking and diligient lawyer and I want my case to be bulletproof and avoid making mistakes.

Thanks in advance.

Reply Follow

3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 24 November 2015

Hi,

Its a clear case. Your fater has inherited this property from his ancesters. You brothers or your father cannot deny your share in the same.

As you have already hired a lawyer.. tha does mean he has already collected the necessary documents or told you to collect the list of documents. Collecting documents is not a big deal but how you frame your charge over the same does matter.

As far as few more facts are concerned.. we have to see which religion you belong to.( just for the purpose of succession provision), The dates of your grandfathers death, your age, your marriage date, the city or state where the properties located.

As you have stated that your brothers are selling the portion of the landed property.. then you have to take immidiate action to stop those transactions or claim your share. If they are selling ancestral property without your consent then it is certainly an illegal act provided that you are fit for being a lawful successors as per the provisions of the Indian Succession Act.

Thanking you,

Adv. Yogen Kakade

Jurycon Incorporation (Advocates & Consultants)

Email: juryconincorporation@gmail.com Web: www.juryconn.in

bubujing 25 November 2015

1. We are Hindu.

2. The lawyer has asked me to come up with the bhulekh records. The conflicitng thing is that, the previous guy said we need certified copies of land records, where as the new lawyer says just the online records and print outs are fine.

The dates of your grandfathers death, your age, your marriage date, the city or state where the properties located.

3. My grandfather passed away in 1992, I am 48, married in 1987. The properties are located in the same district we live in.

4. Since I am on the opposite side than my brothers and sister and parents, will the case take a long period of time?

T. Kalaiselvan, Advocate (Advocate) 03 December 2015

Dear Author:

As per your own statement, the properties (both movable and immovable) are self acquired properties of your grandparents. Upon their intestate death, your father who is their only legal heir acquired the properties. After such acquisition, he becomes the absolute owner of the properties.. Once he became the absolute owner of the entire rproperties, he has full rights to dispose the properties in the manner and mode he desires so. He need not take anyone's consent or permission to dispose or transfer the porerty to anyone of his choice. Therefore he was never obliged to take your permission or consent to sell or dispose or transfer the properties as per his desire.

The ancestral properties means it should pass on to fourth generation in the same status, otherwise it cannot be considered as ancestral property.

Do not waste time, energy and money on the non-maintainable issue.