Ajit Sahoo 09 March 2021

Ancestral Property Partition

We are 6 brothers and 1 sister we need clarification on how to get partition from our ancestral property equally in a legal way.

One of my brother has expired and his son is claiming that he along with his mother, sister and another brother from the first wife of the deceased brother should get a share individually from the ancestral property instead of one part of his deceased father out of 7 parts.

My brother's son has got his name updated in the legal heir certificate of our deceased father as grandson, his mother's name as daughter in law, his sister's name as grand daughter and his brothers name as grandson. Now he is claiming that instead of 7 parts(i.e. 6 brothers and 1 sister) the ancestral property should be divided into 10 parts, 1 part to each 5 brothers and 1 sister, 1 part each to him, his mother, his brother and sister.

Now he is claiming that if all the brothers who are alive do not comply to his decision of 10 parts of the ancestral property then he will not let anyone get any part of the property by putting up a stay order stating that being a legal heir he is not given a fair partition deed.

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8 Replies

Anuranjan Patel 09 March 2021

Hi..!
Ancestral property is divided by Hindu succession act among legal heirs. In your case ancestral property is divided into 7 parts (one share each). Then after the partition into 7 parts deceased son's share are equally shared among his legal heirs. If any dispute arises then file a partition suit in your jurisdictional court.

Thankyou
Adv. Anuranjan Patel
www.legallitigator.com
+918969573056

Ajit Sahoo 10 March 2021

Hi Mr. Patel,

Thank you for the prompt response. However my concern is that son of my deceased brother has got his name (as grandson), his mother's name (as daughter in law), his brother's name (as grandson) and his sister's name (as granddaughter) in the legal heir certificate of our deceased father issued by Regional Tahsildar's Office including our names as son and daughter. Now he is claiming a share each from our ancestral property for his mother, brother, sister and himself. Instead of dividing the share of his deceased father among his mother, brother, sister and himself.

G.L.N. Prasad (Retired employee.) 10 March 2021

A legal heir certificate is just a document and not a title deed. File RTI Application seek all those documents/affidavits filed before the competent authority including that of Revenue certificate and raise objections before Tehsildar. Contact a local advocate and issue a registered legal notice against such improper affidavits and statements. As far as possible, get the matter settled through mediation by elders as partition suits take decades for settlement.

P. Venu (Advocate) 10 March 2021

How is that the property is ancestral? Please post material facts as to the title of the property.

Ajit Sahoo 11 March 2021

The property belongs to my great grandfather and is passed on to his sons i.e. my grandfather and his brother. Now to my grandfather's heirs.

P. Venu (Advocate) 11 March 2021

Is the great grandfather's property still unpartitioned? If so how it has been 'passed the on' to grandfather and his brother subsequently to the grandfather's heirs?

Ajit Sahoo 11 March 2021

Hi Mr. P.Venu,

The property I am taking about here is inherited by my father from our grandfather. Now it needs to be equally divided among us i.e. 6 brothers and 1 sister.

P. Venu (Advocate) 11 March 2021

Further postings suggest that the property is ancestral. The property needs to partitioned equally among the siblings. Provisions of Section 8 of the Hindu Succession Act apply -

8. Distribution of property among heirs in Class I of the Schedule.—

The property of an intestate shall be divided among the heirs in Class I of the Schedule in accordance with the following rules :—

Rule 1.—The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.—The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3.—The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share

Rule 4.—The distribution of the share referred to in Rule 3—

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion ;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.