Partition in ancestral property
Md Imran
(Querist) 21 July 2017
This query is : Resolved
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name in our Village, we currently stay in Bangalore..
Our grand father is also no more, my grand father had 3 Sons Including my late father. So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.
Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive. Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard. Thank You,
P. Venu
(Expert) 22 July 2017
Yes, the property is devolved upon all the legal heirs/ co-parceners. Try to work out an amicable settlement; else, file a suit for partition. Also, please verify the properties are really ancestral.
