Krishna Jadhav 07 June 2020

How can i claim share of ancestral property?

Mr. Grandfather has four sons.(S1,S2,S3,S4). S4 had no children and is deceased leaving behind his wife(W4). The ancestral property which is orally partioned 12 years back(S4 was alive at that time) and all 4 heirs(S1,S2,S3,W4) have possession of their share but there are no legal records of that partition. On 7/12 every heir has his/her name with equal share of land but no boundries are defined.

Mr S1 and S3 are delaying partition assuming if partition happened W4 might sell, gift or will to someone. Mr S1 amd S3 are waiting her to die and claim property after her death. She is also getting threats. How can W4 claim her share of ancestral property? being a destitute and a widow and What are provisions of law she can use to expedite the procees?

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8 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 07 June 2020

W4 has right over the share of her husband and hence she can file a case by consulting an experienced advocate in the field.

Krishna Jadhav 07 June 2020

Should she file a declaratory suit or partition suit? He already had 1/4 property in her name, she only doesnt know which part of property belongs to her.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 07 June 2020

Originally posted by : Krishna Jadhav
	Should she file a declaratory suit or partition suit? He already had 1/4 property in her name, she only doesnt know which part of property belongs to her....It is necessary on her part to file Partition Suit.

Krishna Jadhav 08 June 2020

is it legally allowed for W4 to make a WILL for property she will inherit a property in future? If yes will that WILL be still valid after her death?

P. Venu (Advocate) 08 June 2020

Yes, she can file a partition suit. Even in the absence of oral partition, the property is jointly vested with her. She can sell, gift or other wise transfer her share in the jointly held property. She can make a will as well; it would be better if the Will is got registered, though not mandatory.

G.L.N. Prasad (Retired employee.) 08 June 2020

But, let her at first issue notice to all co-sharers and demand for providing separate possession of the property through metes and bounds. Generally, if a widow claims her right, due to social stigma, the brothers yield and give her share without much fuss as family honor is involved.

Real Soul.... (LEGAL) 08 June 2020

Just file the partition suit ; and W4 has right in the property .

Dr J C Vashista (Advocate) 09 June 2020

Since the property has already been partitioned by meets and bounds between (S1, S2, S3 & S4) by their father wherein all of share holders are in their respective possession for the last 12 years, it is a valid partition and there is no requirement to file a separate suit for partition.