saritha (free) 28 April 2011

how to cliam Ancestral property

Hi All

My Grandfather is having 3 sons .He purchased some dry land in 40 years back we don’t have any Original Documents now we got Duplicate copy (True Copy)and Encumbrance(EC) Certificates those are still in my Grandfather name he did not given any WILL now my questions are

1)what is the procedure to claim this property

2)Now my Grandfather , grandmother and his 3 sons (in that one son is my father) are expired so can we share 3 brothers children’s can share that property to equal (Ex:3 acres and 3 sons so for each son children can claim 1 acre) is it right?

3)for this property we need to get Succession Certificate from Court Or legal Heir certificate from MRO (to proof we are descendants of my grandfather)

Thanks

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7 Replies

M.Sheik Mohammed Ali (advocate) 28 April 2011

yes you must get legal heirs certificate then divide you assests in equal make deed partition suit.

saritha (free) 28 April 2011

Thanks for your response Ali sir ,what is the procedure to claim this property ?

saritha (free) 29 April 2011

Hi Experts

can any one give me sugesstion what is the procedure to claim my grandfather property ?

Selva Kumar (lawyer) 29 April 2011

you just partition the properties into heirs of 3 sons equally, then after you can get a share from the property allotted to your father, who was demised

mastanrao.bhogadi (advocate) 09 May 2011

If there is no dispute among all the other heirs of your grand father, you can make a partition by way of registered deed by eqally dividing the property of your grand parents in three shares and again each sons heirs get equal shares of their fathers share. If there is no such position please file a suit for partition.No need to obtain legal heir certificate.

Sandeep Bhargava (Advocate & Notary) 12 May 2011

I agree with Mastanraoji

Deepak (agent) 30 May 2013

Hi,

My Grandfather gave money to my father by selling his flat in 1990 for him to purchase other flat.

Now my father has two properties one flat and one shop. Father age is 50

My father made a oral commitment to me that leave my house i will give u shop to use which i aggred.

As I was not paying Rent for shop(which i am using) my father he ordered me to leave house.

Even after running whole expense of house(Maintance,servant,dairy,electricity,medical,travel,social,vegetables everything....)nothin shared by parents he expects me to pay him shop rent too.

He has even sold all my gold(not touched his gold) including my wife mangalsutra to close some loan.

Currently I am in possesion of shop running my bussiness have recently separated from father place.

Shop is now goin into redevelopment and Municipality has ordered to vacant shop.

Builder is going to provide rent for 24 months in advance during redevelopment to resume bussiness.

Now father has refused me to provide rent given by builders as its in his name.

Do i hold right to get this property as i am feeding my family on it.

It would be impossible for me to pay house rent and shop rent....

My parent says its all my property in my name so u have not right on it.

where shuld i go i dont have house nor shop!

so please advice Do i hold right to get this property as i am feeding my family on it.