Regarding ancestral property

monu (Querist) 27 October 2025 This query is : Resolved
Dear Experts,
My Uncle and his family is living alone in our ancestral property since 30 years.my father are 5 siblings. Now my father and other brothers want their share in property.My uncle who has possession of the property denied to give share to other brothers.He stated that he was living in this property since 30 years and paying all the taxes like municipality etc and has a all property rights alone. My query is that can my father and other brothers can file partition suit to get our share.
Regards
Monu

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Quick Summary

If your uncle is occupying ancestral property and denying other siblings their rightful share, your father and his brothers have legal grounds to claim their inheritance. The law states that 30 years of possession or paying taxes does not grant sole ownership. Filing a partition suit through a solicitor is the recommended legal recourse to ensure all legal heirs receive their respective shares.

kavksatyanarayana (Expert) 27 October 2025
All the legal heirs, along with your father, can file a partition suit in court for their shares.

Advocate Bhartesh goyal (Expert) 27 October 2025
Yes,your father and his other siblings have right to claim their respective share i ancestral property and anyone of them can file a suit for partition of said property.

Dr. J C Vashista (Expert) 28 October 2025
File a suit for partition through a local prudent lawyer, your father has an equal share with his siblings.

T. Kalaiselvan, Advocate (Expert) 28 October 2025
Your father can file a suit for partition and claim his share with separate possession.

Isaac Gabriel (Expert) 30 October 2025
Having 30 years possession will not confer any right in the ancestral property. all the legal heirs are entitled for their respectiove shares.Filing suit for partition is the only remedy.

T. Kalaiselvan, Advocate (Expert) 03 November 2025
It is right that you can ask your father to file a suit for partition.

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