Saturday, August 21, 2010

How to initiate legal case for ancestral property?

hi


we have some ancestral property ( from my father's side)


my father is still alive, and has already file a case for his share of the property,that is currently being maintained by his siblings,..





can i also initiate a case, separately, as a grandson....





the reason because, i just want to make sure , the siblings of my father will not sell off the property without our consent...How to initiate legal case for ancestral property?
No, you have no right to it, or any present interest in it.How to initiate legal case for ancestral property?
If a suit of partition is already pending in the Court, you may apply to the court to join you as party in that suit.
U should be clear about your religion here, in India Hindu's , Muslim's, Christians are guided by their separate personal law, if you a Hindu then the following points are applicable


According to Hindu Succession Act, if u are are Hindu as defined under the Act, then the following circumstances follows:-(Hindu, means a Hindu, Sikh, Buddhist, or a Jain by religion)


1. from your birth u have a share in the Ancestral Property same proportion as that your father;(actually when u are in your mother's womb)





2. But one thing that has to be kept in mind that the Property as you have stated has not been divided, therefore, no are can say which part is his own and which is not his. this is subject to division of the property.





3. Your father have initiated a law suit for his share in the property only, but as i have stated earlier you too have a share in the ancestral property same as that of your father. You need not file a separate suit for your share in the property, rather you should file an INTERVENTION SUIT, and become an intervenor in the suit already instituted by your father.


for further information contact me at my email (omkar.devdas@yahoo.co.in)
I believe you cannot file a case, but your grandfather can, with ample evidence.





If your grandfather passes away, you then MAY be able to claim the property.





Be prepared to show great proof. The burden of proof is on YOU since you are trying to take property rights from its existing holder.

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