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Author Topic: How do I claim back my ancestral property  (Read 220 times)

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Offline suresh.4b4

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How do I claim back my ancestral property
« on: August 04, 2018, 08:29:39 AM »
Hi,
    We have an ancestral property that is 4 generations before. I can see that its still on the name of my grandfather's grandfather. Its is undivided. Half of it has been occupied by government and other half is not. Please provide answers to these queries
1) Am I eligible to claim for that ancestral property ?
2) Can I claim the part that is occupied by government ?
3) Can you please detail out the process for claiming

Offline advjaibansal

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Re: How do I claim back my ancestral property
« Reply #1 on: August 07, 2018, 07:19:22 AM »
you need to file a suit for recovery against the concerned government department. Please issue notice under section 80 of civil procedure code before filing the case as there is mandatory period of notice before filing the suit.

For balance property, if not divided then you may file a suit for partition.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: How do I claim back my ancestral property
« Reply #2 on: August 07, 2018, 10:49:29 PM »
Dear Sir,

My answers are as follows:

1) Am I eligible to claim for that ancestral property?
Ans: Yes, you can get your share.

2) Can I claim the part that is occupied by government?
Ans: Yes, you can claim on the basis of partition deed among yourself and your co-sharers if Government ready for giving rent then get a rental agreement in your name.

3) Can you please detail out the process for claiming
Ans: If your only the legal heir or there are other legal heirs then file a formal suit for partition in Civil Court and get it decreed as per agreed shares and then change the katha in your respective names.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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