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vikas gupta   28 December 2018

Ancestral home

My grandmother (Hindu) died leaving a partition deed which was between her and her
brother in laws in which it was mentioned she has daughter & 1 son. I am her
grandson( sons son).
My father is missing f rom 2005 & suit for death declaration is on going. My ancestral
home is in possession of my aunt(married) and now she is denying to give me
possession. One more thing my father was state govt employee and department is now
asking for succession certificate to get his service related payments.
My queries :
Is it necessa ry to make my aunt as party in succession suit ? OR
Should i go by general way, that is ( party name VS General ).
What remedy is available for my ancestral home ? Am i entitle d to get full home or 50
percent share ?



Learning

 4 Replies

Shashi Dhara   28 December 2018

U &,Ur mother of u have sister all u inherit Ur father share I e 1/2of it Ur father is govt empoyee ur the lrs and benificiaries U file partition suit against Ur aunt for 1/2share for home.ur aunt is not necessary for succession certificate .

Rishiraj Ojha (practicing advocate)     29 December 2018

succession certificate shall be filed between lrs where you can make party to state but not aunt

Rishiraj Ojha (practicing advocate)     29 December 2018

partition bw only necessary parties like aunt

Rishiraj Ojha (practicing advocate)     29 December 2018

partition bw only necessary parties like aunt

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