Civil Procedure Code (CPC)

How to claim ancestral propery from uncles ?


Hello SIr/Mam,

I would be very glad if some one helps .

My materal uncles have been controlling all the ancestral properties so far. 

Here is the case .

My uncles has been controlling all the ancenstral property and are not ready for partion, they give threats .

My greatgrand father , had two daugter , he did not made any will and died , latter .my uncle started to look after the property ,

my great grandfather had two daughters , when the younger daugter wanted her share , having many years passed he started to dispute and not yet given her the share and now her grand children want to contest for thier share in property in court .

My grandmother died a few years ago , she did not make any will. After her death my uncles took the property under their survilance and now they are not ready to give even a single inch of those lands .

Neither my maternal greatgrandfather wrote any will , nor my maternal grandmother .

As earlier told my great grandfather had two daugthers and the land is not yet divided ,

and my grandmother had 5 kids including my mother , and her earned property is not yet devided either

because of bully nature of my uncle .

Now my family is going through financial crisis and wants to get our share of land . But they he is not ready to give 1/5 share of land in great grandfather's property and my grandmother's property , rather he gives us treat of false litigation .

So respect member do guide us how can my mother or I can get the shrae in property .

 
Reply   
 
Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Dear Querist,

 

After the advent of Hindu Succession (Amendment) Act, 2005, daughters have been recognized as coparceners having an equal share in the ancestral property, which they can claim by filing a suit for partition. The fundamental parameter though for a daughter to claim the coparcenary rights is that she should be the daughter of a coparcener. Since your maternal grandmother was not a coparcener, your mother cannot avail the benefit of 2005 amendment. She cannot enforce partition of the ancestral property, and would have to content herself by taking her share in the share of her deceased mother, as and when the partition of the property is effected by the surviving coparceners. To put it succinctly, she has no option but to wait for the time till the ancestral property is partitioned at the instance of any of the coparceneres.

 

As regards the self earned property of your grandmother, if your grandmother died without making a will of it, the same would devolve equally upon all her heirs. Your mother has an equal share in this property, which she can claim by filing a suit for partition. Don't worry about any false allegation. Enforce your rights.

 
Reply   
 



what do you mean by daughter of a coparcener  ?
and according to you only the sister of my grandmother has rights on the property of her father ? But then that property wont be ancestral property to her , because it's earned property , bought by great grandfather , my grandmother along with her younger sister , were the only chindren of my great grandparent , and my greatgrandfather was the sole owner till he live and after that the two sisters had equal share , doesn't they , but now one died , so what about the share of the daugther who died ?

 

 

 
Reply   
 
Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

'Daughter of a coparcener' means the father or mother of the daughter(depending upon whether she claims the rights on her maternal or paternal line), who claims the benefit of 2005 amendment should be a coparcener.

 

You mentioned that your uncles have been controlling the 'ancestral property'. Therefore, in the light of the fact that your maternal grandmother was not a coparcener, I accordingly replied that your mother cannot be treated as a coparcener insofar as the ancestral properties on her maternal side are concerned.

 

The share of the deceased daughter would devolve on her legal heirs.

 
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