File suit for partition for division of property by metes and bounds
2) seek an injunction restraining uncle from selling the property or creating third party rights on the property
3) contact a local lawyer
Property division of ansestral property
Hi. My grandfather inherited a property from his grandfather . He had 1 daughter (my mom) and 1 son. After his sudden death by cancer , the son changed the patta entirely to his name. The property document is still in my grand father's name. Inspite of repeated requests , he refused any benefit or share to my mom. My grandmother , who has been with us till now, wrote a document saying , all her share in the undivided property will go to my mom. My mom and my grandmother have applied for cancellation of patta and have got a patta in the name of my grandmother, my mom and my uncle . Now how do they proceed to claim the property . Because the son is not talking or coming for mediation. Please help.
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
How can the property be divided
Asked 7 years ago
1. your grandmother and mother should file a civil suit for cancellation of lease and portion of property among the survivor legal heirs.
2. it is ancestral property so according to amendment in year 2005 daughter has also right in the ancestral property irrespective of the fact that she is married. she can claim her right in the property.
3. ancestral property has automatically devolved to its legal heir in accordance with rule of survivor.
4. property shall be divided among the legal heirs on the pro rata basis and each heir shall get equal share.
Firstly you should remember that patta is not the title document.
Therefore your uncle cannot sell or alienate or transfer the entire property as per wish on the basis of patta.
It is as simple as it that if he is not coming for any negotiations or amicable settlement, your mother may file a partition suit and claim her share as separate possession.
If your grandmother has written a will in your mother's favor, your mother can claim that share also by enforcing the will.
How can the property be divided
Your mother has to file a partition suit before the civil court within the territorial jurisdiction seeking partition and separate possession of her legitimate share in the property.
The court after the trial in its judgment will allot your mother's share as per law.
Thankyou so much for your replies . My mother is so relieved. We did consult Lawers in my home town the confusing ideas put foward by th are the following : 1. Because my grandfather died before 2005 amendment , myother will not get any share in the property. 2. This is not an ansestral property atall because it was divided and resigerted among my father's brothers and my grandfather has sold a portion of his land to a third party (with the consent of my mother and uncle). So it becomes my grandfather s individual property . My mother and grandmother will automatically get a share because the documents are still in my grandfather s name. 3. My grandfather could have written a will before dying which my uncle could have kept secret and used it to change patta to his name. So filling a case is useless. Now , we are totally distraught as to what to do. Please help.
Asked 7 years ago
property which has remained undivided for 4 generations is ancestral property
2) in the present case once partition has taken place it would be your grand father individual property and your mother would have share in said property on his demise
3) file suit for partition as advised
There is nothing to be so much upset or distressed or distraught about this situation.
She can file a partition suit seeking partition and separate possession of her legitimate share and rights in her father's property.
If the local lawyers are not cooperative or misguide, then you may look for a lawyer outside.