Disputes regarding ancestral property are often quite conventional amongst households in India, particularly in small towns and cities. Usually, these disputes arise when one family member takes his share of property or more, undertakes construction without permission, or refuses to partition the property.
In case you happen to be a legal heir, such as a son, daughter, or widow, you have the right to sue for your share in the ancestral property. If your brother or anybody else denies you your part, you can issue a legal notice or choose to file a partition suit in court.
If, on the other hand, illegal construction has begun on joint property with no consent of others, you may take up the matter with the court and seek a stay order.
🏡 Property Disputes Between Family Members – FAQs
-
1. I'm a daughter. Can I legally get a share of father's property?
-
Yes. You have equal rights to the property if it's ancestral or if your father died intestate. Even married daughters have equal rights.
-
2. My brother says it's not my right because I'm married. Is that right?
-
No. It's wrong. Married daughters are also equal participants in ancestral and undivided properties.
-
3. What is Ancestral Property?
-
Property handed down for four generations or more (from great-grandfather) without being sold or given to heirs.
-
4. Can I claim my part even if I wasn't living there?
-
Sure. You don't have to be living in the house to claim your legal share.
-
5. My brother has constructed a room on our joint land. Can I stop him?
-
Yes. A stay order will be issued by the court stopping him from continuing with any construction without your consent.
-
6. He would not give my share. What can I do?
-
Send a legal notice and go for a partition suit in a civil court if not successful.
-
7. I'm living abroad; may I still claim my share?
-
Yes. NRIs can also file their claims through POA or by registering it from abroad.
-
8. What if there is no will made by my father?
-
Under Hindu Succession Law, all children and the wife will get an equal share of the property left after death from the father.
-
9. Can my mother divide the property the way she likes?
-
Only if self-acquired by her. If it's ancestral or from inheritance, all legal heirs must get an equal share.
-
10. Can my brother sell the whole property without telling me?
-
No. In case of co-ownership, he can't legally sell it without your written consent.
-
11. Is an oral family settlement valid?
-
No. Courts prefer any writing or signed and ideally registered agreement for avoiding confusion.
-
12. I was thrown out of the house. What can I do?
-
If you are a legal heir or co-owner, you can approach the court and get back possession.
-
13. Can I prevent my brother from renting out our joint house?
-
Yes. He can rent out joint property only after getting the consent from all co-owners before leasing it.
-
14. What is a partition deed?
-
This is an instrument through which the family members would share property among them equally and often should be registered in the sub-registrar's office.
-
15. How long does a partition case take in court?
-
The time will vary from a few months to a couple of years depending upon the intricacies of the case. A family settlement is a faster option.
-
16. One person cannot live there alone and lock out the others?
-
No. All co-owners have equal possession rights unless partitioned.
-
17. Is it necessary to go to court?
-
Not always. First, try a family settlement with the help of a lawyer or mediator.
-
18. What if the property is in the name of my father and he is alive?
-
Then it's his decision. After his death, this is the only time you can claim a share unless he gives it voluntarily.
-
19. My brother harasses me regarding the property. What can I do?
-
File a complaint at your local police station or women's cell, and take civil legal action too.
-
20. Is it expensive for a person to go to court for property matters?
-
There are legal costs involved, but in many states, such low court fees exist for women, along with free legal aid.
Comments