venkatesham palepu (surveyer) 11 April 2022

Difference in Physical possession possession of ancestral property among Co-sharers.

We have ancestral agriculture land. Our father and his four brothers divided the land in to Five parts without proper measurements and enjoying the same since long period. Now we noticed that the Physical possession of our land was less than that Pyisicalof our actual share. The co-sharer who owns excess land refusing to handover excess land to us. How to recover the possession of our land from co-sharer, who is enjoying illegally.

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Quick Summary

If co-sharers are occupying more ancestral land than their rightful share, you can take legal action. Options include sending a legal notice to vacate the encroached land or filing a civil suit for a fresh partition. A partition suit can help ensure an equal division of the property, and in cases of fraud or undue influence, a previous partition can even be reopened.

2 Replies

Shashi Dhara 11 April 2022

Issue legal notice to vacate encroachment land if not file civil suit against them or pray for fresh partition .

Palak batra 11 April 2022

Dear Querist,

There are different modes by which an ancestral property is divided, that is, Partition by suit ,Partition by arbitration, Partition by family settlement ,Partition by a partition deed, Partition by agreement under Hindu Succession Act, 1956.

In a situation like this one can claim equal partition under partition by suit. Here, one can also reopen a partition in situations like Fraud, coercion and undue influence.

Regards,

Palak