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raviraj (student)     15 April 2014

Daughter's share in ancestral property

My mother wants to claim her share of property in her father's property ( he inherited it ).The property is a agricultural land.The land is currently in buchanally village , zaheerabad mandal , andhra pradesh (now in telangana).It has been more than 6 months but her brother's are not agreeing for out of court settlement.Now, We are well prepared to file the case. How long it will take to get the share in property through court ?? What is the procedure to file the petition in the court ?? What is the check list , documents required before filing a case ?? Is there any other alternative to claim the share ??


 7 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     15 April 2014

Dear Friend ,

You are having only two options in your hand either go for the family settlement or go for the Declaration , Partition and Possession Petition in the civil Court of your area jurisdiction.

There is no checklist in filing a civil suit for the above purpose, it is a simple suit in which you have to first establish with the proper evidences that the property is an ancestral one (This can be traced by the Due Diligence report od the Sub-Registrar office and enries in the Khsara and Khatauni books of the agricultural land in Question with the concerned Patwari of the village under Tehsildar office and Sub-Registrar of the land and property..

Secondly, you have to mention the list of the all living/ serviving family members as legal heirs of the deceased from whom the father has got the ancestral property as each and every person of the legal heir will get equal share as per his/her claim.

These type of cases, take not much time unless these are protested and contested by the other side. However, it will not take more than 3 years in any case if it is prepared and presented by a good and experienced Advocate of the field.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Ph: 9582144748

2 Like

T. Kalaiselvan, Advocate (Advocate)     16 April 2014

First of all it is to be known whether it is an ancestral property or your mother's grandfather's self acquired property which was acquired by your father.  If it is latter, then, upon your mother's father's intestate death, the share of property which devolved upon your grandfather will be divided equally to all his legal heirs and your mother will be entitled to one such share.  If the situation is not conducive, then your mother can file a partition suit seeking her legitimate share in the property.  Please consult a local advocate and proceed as per his advise.

raviraj (student)     16 April 2014

What is due diligence report of sub-registrar office ?? Is it Encumbrance certificate or pahani certificate ??

SeekAdvice India (NA)     17 April 2014

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T. Kalaiselvan, Advocate (Advocate)     17 April 2014

From an encumbrance certificate from the Registrar office, you can trace the dated back original title of the property and the subsequent transactions/encumbrances on the property till date.  In whatever circumstance, your mother has a right for a legitimate share in her father's intestate property, she can very well file a partition suit immediately along with an injunction petition to stay th operations of alienation of the property to any third person by your uncles.

raviraj (student)     18 April 2014

Can we first file an injunction petition and partition suit later, coz getting an EC and pahani will take much time ??

raviraj (student)     11 December 2014

After getting the EC and pahani certificates, we came to know that papers are not clear i.e. there are different names in papers.My mother's grandfather name is not mentioned in the pahani certificate.We tried our level best to convince mom's brothers and make an out of court settlement but they are still not ready for the settlement.Ofcourse the agriculture land (telangana) is not self acquired by my mom's father,he inherited it but the thing is mom's grandfather name is not mentioned in the pahani.My mom's brother know that papers are not clear.So how to make an out of court settlement ? Is it good to file a petition if papers are not clear ? Are there any options to stop them from selling the land ? What is the procedure of mutation of property ?

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