Sam (budding lawyer) 18 May 2010

ANCESTRAL PROPERTY

Dear All Law Experts,

Need your expertise advice on this case..over daughter and Wife rights over the ancestral property.

I am US CITIZEN now live in USA, but born in India and lived on this property for five years along with my Grandma and need some Legal help advise.

My dadajee , dadijee and dad passed away and my dadajee left ancestral property without any legal will but divided the property to brother without any written will.

My uncle staying at that property does not want to give any share and keep building multiple apartment and commercial property and taking all the rents and other benefits.

My mom is in poor condition and need to get that for her livelihood and presently I am taking care of her medication and other expenses.

Being a US citizen she has any rights left to claim this property. Is any way we can stop those constructions as stay order.

Does being a daughter, do I have any rights to claim this property by Indian law. I have dual citizen.

Please guide the best way to proceed .

Thanks for your time.

Regards

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3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 18 May 2010

You have file a suit in Indian Court for partition

G. ARAVINTHAN (Legal Consultant / Solicitor) 18 May 2010

How many siblings you have and your father have?

N.K.Assumi (Advocate) 18 May 2010

As per section 6, 8 and 9 of the Indian succession Act, you and your mother falls in Class 1 Heirs through your father as Coparcener. As suggested by Ganesh, filed a Partition Suit along with Injunction to stop any renovation or construction till Partition is made by metes and vounds.