Regarding rights on my fathers ancestral property

Anil (Querist) 26 June 2018 This query is : Resolved
Mere parents ka divorce shadi ke 5 saal baad ho gya tha jab main 4 saal ki thi . Uske baad meri ma ne dusri marriage kar li. Mere papa ki death 2002 me ho gyi thi . Main ye Janna cahti hu ki kya main apne papa ki ancestral property me right rakhti hu ki nai

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Vijay Raj Mahajan (Expert) 26 June 2018
As biological child of your father you can claim share in the property of your deceased father whether that was his self acquired or his share in the ancestral property.

Kumar Doab (Expert) 26 June 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your father left any valid WILL? If, yes is the WILL duly acted upon without any cloud on IT.
Were you married at the time of death of your father!
The property is in which state?
Confirm!

Kumar Doab (Expert) 26 June 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

Kumar Doab (Expert) 26 June 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally for compliance with procedure.

Kumar Doab (Expert) 26 June 2018
Obtain mutation records with all link docs and show these to a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil/succession matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..

Your counsel may opine that you have a share.
The other legal heirs may agree to partition with boundaries amicably..