This kind of deadlock in ancestral property disputes is unfortunately quite common in India, especially when one legal heir refuses to cooperate. Here’s a breakdown of your options and what the law says:
1. No Automatic Forfeiture of Share There is no provision under Indian law that allows for automatic relinquishment of a legal heir’s share simply because they are uncooperative. Every legal heir retains their right unless they voluntarily relinquish it or are disqualified under very specific legal grounds (like proven forgery or criminal misconduct related to the estate).
2. Probate and Succession If the property is governed by a will, a probate is necessary. If there is no will, the property devolves by intestate succession under the Hindu Succession Act (or the Indian Succession Act for non-Hindus). In either case, the cooperation of all legal heirs is ideal but not always mandatory. If one heir is not cooperating: You can file a petition for probate or succession certificate and serve notice to all legal heirs. If the heir does not respond or appear in court, the court may proceed ex parte (without their input) after giving them sufficient opportunity.
3. Partition Suit If the property is undivided and jointly held, you can file a partition suit in civil court. The court will: Determine the share of each legal heir. Order division of the property (either by metes and bounds or sale and distribution of proceeds). This route allows the court to enforce division even if one party is uncooperative.
4. Delay Tactics and Court Dates To avoid endless adjournments: Your lawyer can request the court to fix a strict timeline for the uncooperative party to respond. You can also request the court to strike off their defense or proceed ex parte if they continue to delay without valid reason.
5. Alternative Dispute Resolution (ADR) Courts often encourage mediation or Lok Adalat for family disputes. If all parties (except the uncooperative one) agree, you can try mediation to reach a settlement and then present it to the court for enforcement. For a deeper dive into legal remedies and recent judgments, you might find this guide on resolving ancestral property disputes helpful.
