Rahul singh 23 July 2018

Son's right on ancestral property

My grand father left ancestral properties before he died in 1999 and the property transfered to my father as usual. My father has a abusive behaviour that why we are me and my mom not residing with him. He sold 1/3 property 2 years ago and now planning to sell rest. I wanted to file a partition suit against him but as local lawyer said that we don't have any rights on the property except house. However secession act tells a different story.
Please advise me the best way to get my and my mom's share on this property.

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3 Replies

Vijay Raj Mahajan (Advocate) 23 July 2018

You being born to joint Hindu family have share in the coparcenary or ancestral property by birth. In order to claim share in the property, the complete history of the property has to be checked and identify the property as ancestral or coparcenary.

R.Ramachandran (Advocate) 23 July 2018

@Rahul Singh: Please note that all properties left behind by Grandfather are not Ancestral Properties.

In order to determine whether the property in question is Ancestral or not, you have to provide the following minimum information.

1. Whether the property was purchased by your grandfather OR he got it from his father?

2. If got it from his father, in which year he got it?

3. Whether the property was purchased by your greatgrand father OR he got it from his father? Please indicate the relevant year in this case also.

Rahul singh 31 July 2018

Dear sir thanks for your reply. As far as I check the property is a agricultural land and neither my grand father purchased those lands nor my great grand father. All the properties were transferred by generations. Please advise me how to file a partition suit if I am rightful owner. Seems the local lawyers are not willing to take such cases as they said that my father have the full ownership right and I can't have any share during his life time.