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Author Topic: Ancestral Property  (Read 280 times)

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Offline SRDes

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Ancestral Property
« on: September 14, 2018, 12:17:57 AM »
Hi. I need some advice regarding ancestral property. My Father in Law has two brothers and one cousin brother. A couple of years ago, there was this huge ancestral property in the form of land which is with the family since many generations was divided into two parts. One part belongs to the cousin brother and one part jointly belongs to my father in law and his two brothers. Last year one of the brothers died, and his son is exercising control over everything. My father in law and we stay in Goa due to our job. My father in law has two children, my husband and one married daughter. Property is in maharashtra and Till date all repairs n maintenance has been jointly done but whatever profit that has been obtained has been used up by the people staying there and if my father in law gets his share of profit, he shares it only with his daughter, the son is left out. Now the deceased brother's son is doing changes to the house on the property ( the house is also ancestral) using the total profit without consulting my husband. We are not allowed to stay there even for a day as his wife is quarellsome. Now the problem is that my husband is being denied of his right to any ancestral property or any profit obtained from it by even his father as we live in the city ( the daughter I.e. My sister in law is getting share of the profit from time to time). The land has been leased out for cultivation. What can we do and what would my husband be entitled to get as per law. Pls advise.

Offline advjaibansal

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Re: Ancestral Property
« Reply #1 on: September 18, 2018, 06:08:58 AM »
the only remedy available with you is to file a suit for partition along with the prayer of mesne profits. Please ask interim relief from restraining the brother to alienate the property and deposit the profits of the property in the court.

jai bansal
Advocate, New Delhi
Supreme Court of India
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