Partition of ancestral property refers to the process of dividing an ancestral property among the legal heirs of the deceased person. In the case of Hindu Ancestral property, the Hindu Succession Act, 1956 governs the partition of ancestral property.
Partition of ancestral property
According to the Act, any coparcener (member of a Hindu joint family who has an equal right to the property and its management) can file a suit for partition of the ancestral property. The court, upon the filing of the suit, can divide the property among the coparceners as per the shares they are entitled to.
The partition of ancestral property can be done by:
- Physical division: The court can order the physical division of the property among the coparceners.
- Metes and bounds: The court can also order the partition of the property by metes and bounds, which means that the court will describe the boundaries of the property and assign specific portions of the property to each coparcener.
- Sale of property: If the property is not capable of being divided, the court can order the sale of the property and the proceeds of the sale will be distributed among the coparceners as per their shares.
How to get partition of ancestral property
To get partition of ancestral property, the following steps can be taken:
- Identify the legal heirs: Identify all the legal heirs of the deceased person who have a right to the property. It is important to ensure that all the legal heirs are included in the partition process.
- File a suit for partition: Any of the coparcener(s) can file a suit for partition of the ancestral property in the appropriate court. It is advisable to consult with a lawyer who is familiar with the laws of your jurisdiction to understand the specific provisions and regulations of the Hindu Succession Act and to assist in the filing of the suit.
- Notify other legal heirs: Once the suit is filed, the court will issue a notice to all the legal heirs of the deceased person, informing them of the suit and giving them an opportunity to contest the partition.
- Provide evidence: Provide evidence to the court to prove your claim to the property. This may include documents such as the will of the deceased person, property deeds, and other relevant documents.
- Wait for the court’s decision: After all the legal heirs have been notified and evidence has been presented, the court will hear the case and make a decision on the partition of the property.
- Execute the partition: Once the court has made a decision on the partition of the property, it is important to execute the partition as per the court’s order. This may involve physically dividing the property, or selling the property and distributing the proceeds among the legal heirs.
It’s important to note that partition of ancestral property can be a complex process and it’s always best to consult with a lawyer who is familiar with the laws of your jurisdiction to understand the specific provisions and regulations of the Hindu Succession Act and the process of partition of ancestral property.