can i ask for property sharing in my ancestral property , the property is not yet shared between my father and his brothers
3 Answers
Dear Sir,
Property still joint and undivided
Then your father (as a coparcener) can ask for partition among himself and his brothers.
You, as his child, cannot directly file for partition against your uncles while your father is alive — but your father can.
You can request your father to initiate the partition or join as a supporting party.
Your father has passed away
Then you can step into your father’s place and claim his share in the ancestral property — even if partition was not yet done.
You can file a suit for partition and claim your father’s share in the joint family property.
Dear sir, as per your query,
If you are a Hindu by religion and covered by the Hindu Succession Act, 1956, you can automatically become a coparcener by birth and ask for a share in the ancestral property. You can demand partition of the property and ask for mutation of your name in your share.
Steps to follow:
1. Request for a family meeting for partition of the ancestral property. If they agree, you can register a partition deed.
2. If they refuse, you can file a partition suit to determine your exact share in the property.
3. Get your mutation done, once the property is divided.
For further details & clarification, feel free to contact our OLQ Team for a detailed discussion.