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gill   22 October 2015

Ancesteral property

We are 2 brothers and 2 sisters. Our ancesteral property (land) is under my father's name and he collects rent and gives it to my brother's wife. Is there anything me and my sisters can do to get the share of our ancesteral property so we get the rent and transfer over share of the property to our names and would we each get 1/4 or 1/5 share of the property since my father is still alive. Can I take my brother and father to court and ask for the previous rents with interest and ask for my share of the property? what are the chances I would win the case?



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 5 Replies

saravanan s (legal advisor)     22 October 2015

You can file a partition suit to claim your share in the ancestral property

adv. rajeev ( rajoo ) (practicing advocate)     22 October 2015

File a suit for partition and seperate possession with menase profit

adv.raghavan (Advocate,9444674980)     22 October 2015

Your query is not clear, but based on your version i can advice you the following 1. For a property to qualify as ancestral property it must be originally purchased by the fourth male lineage i.e great grand father, coupled with the fact that the property remained undivided till the fourth generation upwards.

2. If the property is divided through a partition deed, family arrangement, etc it loses its ancestral character.

mukeshbabukain   22 October 2015

My grandmother have a registered property in Delhi at her name. My grandfather and grandmother died before making any will. They have four children (our 3uncle and my father name ABCD). ABCD all have their sons and doughter, grandsons granddaughters, means a big family. 1 of my father and and 1 undcle also died. we all legal heirs decide to sale the property, but the family was very big and property was on my grandmothers name. so all legal heirs made a relinquishment deed in favour of AB and widows of CD. before selling the property both of the widows also died (out of two one is my mother) . now A and B means my uncles are telling us to vacate the property as we have relinquish the property and our mother has died now only two owner of property left. they are not willing to give us our share. Please tell me and my brother can get their share in the property.

thanks for your advice in advance please quide me what to do

adv.raghavan (Advocate,9444674980)     23 October 2015

You people eligible for a share, file partition suit.


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