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MANOHARAN P   07 April 2019

How to claim undivided ancestral property

We have undivided ancestral property at Chennai, state of Tamil Nadu.  The property still in my grandfather name (mother's father), he died in1984 & grandmother 2003 and my mother passed away on 2010.  My mother's siblings are one brother and other three sisters (one elder sister and brother passed on 2005 & 2007 respectively).  Now what is the procedure to claim the property legally and with whom this proceedings to be started and how. 



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 8 Replies

G.L.N. Prasad (Retired employee.)     08 April 2019

As the maternal grand mother and father passed away before 1984, contact an advocate with the documents that state that your MGF earned the property on his own (self acquired), and if there is evidence that it was self acquired property of your MGF, your mother may get a share.  Take care of the limitation period as you wanted to raise the issue after 25 years in 2019 when your MGF died in 1984.  The possession part is important in addition to limitation period and status of acquiring the property.  Only a competent advocate can explore possibilities if any after studying various documents like wills and other legal heirs , attaining date of majority etc.

Shashi Dhara   08 April 2019

U cannot claim mother's father's property because u doesn't belong to maternal grand father's line. Ur maternal g.f has also died before 2005,.so it is better not to claim. If u have money time muscle power file civil suit and go to court for wasting time energy.

Shashi Dhara   08 April 2019

Issue legal notice if they come to compromise u proceed and take share with bargain.

MANOHARAN P   09 April 2019

The property occupied by us from 1984 before the death of my grandfather and mother, for the past 35 years the property under our custody only. Till date all taxes paid in our grandfather name only. Now we (myself & sister), who legal hirer of my mother decided to demolish and construct the old building legally, in this juncture how to proceed to get legal entity on said property.

kavksatyanarayana (subregistrar/supdt.(retired))     09 April 2019

Dear queriest first obtain legal heir certificate of your grand parents. The property is ancestral or self acquired by your grandfather?  Did your grandfather's sibling divide the property? 

MANOHARAN P   10 April 2019

Grand father created registered will in 1978, where my mother's name given. In my mother's legal heir certificate our name given. The property belongs ancestral only, so for no one divided the property, a few occupying (including us) in said properties for more than 30years without any legal title. Now it has to be made legal divisions to all legal persons. How and where to find the way legally with whom. Out of five siblings of grand father only two alive rest of them passed.

MANOHARAN P   10 April 2019

Grand father created registered will in 1978, where my mother's name given. In my mother's legal heir certificate our name given. The property belongs ancestral only, so for no one divided the property, a few occupying (including us) in said properties for more than 30years without any legal title. Now it has to be made legal divisions to all legal persons. How and where to find the way legally with whom. Out of five siblings of grand father only two alive rest of them passed.

MANOHARAN P   10 April 2019

Grand father created registered will in 1978, where my mother's name given. In my mother's legal heir certificate our name given. The property belongs ancestral only, so for no one divided the property, a few occupying (including us) in said properties for more than 30years without any legal title. Now it has to be made legal divisions to all legal persons. How and where to find the way legally with whom. Out of five siblings of grand father only two alive rest of them passed.

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