how to claim father's and ancestral property

The facts posted do not suggest the property to be ancestral; they appear to be self acquired. You have an equal share in the property left intestate. However, the question is - had your parents made a gift or otherwise settled the properties in favour of siblings or had they made a WILL in their favour? Please enquire and ascertain. If not, you may file a suit for partition, if so advised.

Originally posted by : Vijay Anand
	my father died in 2017 and my mother died in 2019 without making any will. Now my two brothers have acquired most of the properties which should be distributed equally among all three brothers. I tried to convince both to do partition equally but they denied. So, please let me know whether my case is weak or strong.

 

1. Property/s can be classified as "Ancestral Property", ONLY if is documentarily proved that property was held for atleast Four Generations old.

2. IF Father & Mother did not execute any WILL for their properties, THEN all the residual Legal Heirs are entitled to EQUAL share in Parents Property/s, without any exceptions.

3. You can legally stake claim on Parents property/s only via a Civil Court suit, against the Brother/s for your Share.  There is no other simpler legal way.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hello!

In the absence of any Will made by your parents, you can claim your rights to the property, and a demand for partition may be a justified one. in case your brothers do not agree to the partition, you may file a suit in the Court having jurisdiction.

Thank you.
You may contact me with full details for further consultation.
Email: smadvocate.calcutta@gmail.com

Hi,

You are entitle for equal share in the property. File partition and possession suit against your brother in civil court. 

Regards,

 

Dear Sir,

You file a partition suit and it shall be devidied as pers following provision of law.

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Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

I do agree with experts