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How to inherit ancestral property

(Querist) 22 May 2015 This query is : Resolved 
My grandparents expired living behind their property without a will, we have our ancestral property in ratnagiri, taluka lanja, village ajnari. We have saat bara utara where my father name is there, now I want to divide that property in my father n his brother name so that my father children n my uncles children can be added in legal heirs name my father has 4 sister from which one sister expired, one is mentally handicap, one is staying separete from husband has no children, one is married stays in Mumbai, n my father one brother expired he was married but wife left him after few days of marriage they have no children.n if the sisters n not interested in that property than what is the process to divide their share between my father n my uncle
ADV-JEEVAN PATIL, MUMBAI (Expert) 22 May 2015
Good that u r from Lanka, Iam from Rajpur Rd but in staying in Mumbai. Of want to device property then u have to go for declararatory suit. N division of property.
malipeddi jaggarao (Expert) 23 May 2015
Since your grand parents died intestate, the property devolves on all the I class legal heirs including their daughters. A partition deed has to be got registered and if the daughters of the deceased are not interested in the property, they can relinquish their shares in favour of the remaining legal heirs. Consult an advocate for this purpose.
P. Venu (Expert) 23 May 2015
Your name suggests that Muslim Personal Law is applicable. If so, the concept of ancestral property has no relevance.

The name recorded in the revenue records do not determine the title.
T. Kalaiselvan, Advocate (Expert) 26 May 2015
as rightly observed by expert Mr. P. Venu, the ancestral nature of property has no relevance to Muslim Personal law. The property can be partitioned as the said personal law, if the terms are not understood, you may contact a local lawyer who is fully conversant with the Muslim personal law for partition aspects.
Rajendra K Goyal (Expert) 02 June 2015
The property is to be inherited as per personal law, consult local lawyer and proceed.


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