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Manish (SR MANAGER HR & ADMIN)     16 July 2012

Rights of ancestral property

Sir, I am an ex-serviceman. On retirement I came back to my home (Ancestral House) with my family and children.  I started staying in the house with my family.  Subsequently I got job and shifted my luggage from my home to my new location but as my rented house is small (I cannot affort big house) I left two beds in my ancestral house.  Now my parents  and sisters are forcing me to remove the two beds left there.  They also told me that you have no right on the house and if you do not take away the two beds we will sell them off.  I request help from this forum about my rights on ancestral house.  My ancestral house was built by my grand father and he expired then it was with my grand mother, after her expiry there was a division of property and the protion where we live is on my father's name.  Please advise urgently.

Regards,

Manish



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 2 Replies

surjit singh (Assistant)     16 July 2012

There is not much to worry about it, as per law your share in the property cannot be extinguished by any means. Do not remove your two bed lying in your ancessestral house, this will prove your possession in the house. File a partition suit for partition of the ancessestral property, with an application for injunction for not disturbing your possesion in the ancessestral property.

Manish (SR MANAGER HR & ADMIN)     17 July 2012

Dear Shri Surjit Singh,

Thank you very much Sir,  for your early reply.  I am t relieved after knowing my legal position.  I would further like to add that the house is small consisting of ground, first & second floor. Ground and 2nd is in our possession and 1st is in my uncle's possession. Every floor has two rooms + toilet block.  Can I lock the 2nd floor where my 2 beds are placed ? If they break the lock, can I register a police complaint ?

Also please advise whether partition suit can be filled at different location ? What will be the expenses ? Is there any other way  by giving only notice through an advocate ? as they are my parents and though they are behaving with me like this, I intent to take legal action as last resort.

Please advise and thank you a lot Sir.

 

Manish


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