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jeevan deshpande   06 March 2026

Ancestral property maintainance issue

i had a ancestral property, title is still on the name of grandfather, he has two son A B and one doughter D, all were died.

now third generation is still not made partition. possession is in the hand of B bcoz no one is ready to come forward for property tax and repair.

as property is ancestral some  one should take care of it hence B's son is taking care of it. But it became expensive to pay property tax and maintain property. A and D is not ready to look after. what will be the option availabe with B's son ?

A and D only interested in maintaining rights which they have as per law but not interested in partition and not ready to pay any cost for maintainance.

can B'son after paying property tax and regular maintanance recover from A and D



 10 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2026

There's no obligation on B to maintain the entire property without a proper authorisation of all the shareholders. 

If he is doing it on his own interest then he cannot claim the share towards maintenance from other shareholders as a right. 

Alternately he can file a suit for partition and separate possession of his share subsequent to which he can maintain his own share of property,  let others take care of their respective share in the property accordingly after that. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     06 March 2026

Yes.  There is no obligation to B or his son, so one can file a partition suit in civil court.

P. Venu (Advocate)     06 March 2026

Certainly, B can file a partition suit. 

Dr. J C Vashista (Advocate )     07 March 2026

Either of the LRs of grandfather may file a suit for partition and pay taxes for his/ her share.

B had been paying the taxes/ maintenance for whole of the property since he was using it exclusively.

Till then (partition) payment of taxes/ maintenance would lie upon user of property (son of  B in this case) . He can recover from LRs of A & D, if either of them is interested in his/her share.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 March 2026

With due respect I say that what respected Dr. J. C. Vashista says are matters to be decided by a court of law. Son of B is maintaining the property. The heirs of A and D are not abandoning their claims. But they are not paying for the maintenance either. Son of B has not stated whether he is using or living in the property. If paying for the maintenance is in his own interest he can maintain a record of all payments made and claim the shares of the heirs of A and D in due course. If he continues in the property for 12 years he can claim the property for himself under the law of limitation. 

1 Like

Dr. J C Vashista (Advocate )     14 March 2026

Maintenance /payment for maintenance is a trivial issue vis-a-vis claiming individual share in the property, which shall not affect rights of shareholder(s) when it is partitioned. 

1 Like

jeevan deshpande   16 March 2026

THANK YOU EVERY ONE

 

Dr. J C Vashista (Advocate )     17 March 2026

You are welcome for understanding and appreciations.

T. Kalaiselvan, Advocate (Advocate)     17 March 2026

You are welcome for your appreciations.

Shweta Bharti (--)     17 March 2026


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