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Sandeep Jain   10 November 2022

Partition

my dad has six brothers out of which one expired leaving his son behind and now his son is claiming rights in the property purchased by father stating it as ancestral property what shall we do


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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 November 2022

Partition can be made by mere declaration to separate, Partition by Notice, Conversion to Another Faith, under Marriage Act, Partition by Agreement, Partition by Arbitration, Partition by Father, and Partition by Suits.

When a division / partition takes place between brothers after partition they will take equal shares in the property. If there are 3 brothers then each one will take 1/3 rd share in the property.

Sandeep Jain   10 November 2022

this was not my question ramachary

Advocate Bhartesh goyal (advocate)     10 November 2022

If the property has been purchased by your father and the same stands in your father's name then it is your father's self acquired property and not ancestral property.Your cousin has no right to claim any share in said property.

Sandeep Jain   12 November 2022

He is telling that it was purchased when my grandfather was alive so he has right in it

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