Summary
The Hindu Succession Act, 1956 governs the division of ancestral property in India. Ancestral property is divided equally among all legal heirs, regardless of which marriage they are from. Legal heirs can file a partition suit in the civil court, which will then divide the property equally. Required documents include proof of identity, proof of relationship, property documents, and a genealogy chart. The overall cost of filing a partition suit can vary, including court fees, lawyer fees, and documentation costs.Full Conversation
my grandpa, married twice from 1st wife he has * male child, and from 2nd who is my grand ma has * child male, and granda pa has * decimal land, so we want to distribute that but my step uncle is saying he will take half of land, so is there any law or provision in india that also supports him or he can only get equal share
Sunny, the distribution of ancestral property in India is governed by the Hindu Succession Act, *.
- If the property is self-acquired by your grandfather, he can distribute it as per his will.
- If it's ancestral, all legal heirs (children from both marriages) generally get equal shares.
Is the land self-acquired or ancestral?
ancestral
Sunny, under the Hindu Succession Act, *, ancestral property is generally divided equally among all legal heirs. Here are the key points:
- Ancestral property is typically divided equally among all children, regardless of which marriage they are from.
- Each child (from both marriages) is entitled to an equal share.
Would you like to know more about the legal process for property division in Delhi?
of bihar
Sunny, here's the relevant information for property division in Bihar under the Hindu Succession Act, *:
- Ancestral property is divided equally among all legal heirs, irrespective of the marriage.
- Each child from both marriages is entitled to an equal share.
Would you like details on the legal process for property division in Bihar?
yes
Sunny, here's the process for property division in Bihar under the Hindu Succession Act, *:
- Legal heirs can file a partition suit in the civil court.
- The court will then divide the property equally among all heirs.
- Legal documentation and proof of relationship may be required.
Would you like to know the contact details of the nearest civil court in Bihar?
yes
Patna Civil Court
Phone: *-*
Address: Gandhi Maidan, Patna, Bihar *
Website: https://districts.ecourts.gov.in/patnaWould you like to know more about the documentation required for filing the partition suit?
ues
For filing a partition suit in Bihar, you'll need the following documents:
- Proof of identity (Aadhaar card, voter ID, etc.)
- Proof of relationship to the deceased (birth certificates, marriage certificates)
- Property documents (title deed, land records)
- Genealogy or family tree chart
Would you like more details on any of these documents?
yes
Which specific document would you like more details about: proof of identity, proof of relationship, property documents, or the genealogy chart?
property documents, or the genealogy chart
Property Documents:
- **Title Deed:** This document proves ownership and details the property's legal status.
- **Land Records:** Include details like property boundaries, area, and ownership history.
- **Mutation Records:** Show changes in ownership due to inheritance or sale.
Genealogy Chart:
- **Family Tree:** Outlines family relationships, showing lineage and heirs.
- **Affidavit:** Often required to confirm the accuracy of the genealogy chart.
Would you like to know more about obtaining any specific property document or creating the genealogy chart?
creating the genealogy chart
To create a genealogy chart for property division, follow these steps:
*. **Gather Information:**
- Collect names, birthdates, and relationships of all family members.
- Include both marriages and all children.
*. **Structure the Chart:**
- Start with your grandfather at the top.
- List the first wife and their child below him.
- List the second wife and their children below her.
*. **Document Relationships:**
- Clearly show the lineage and connections between each family member.
*. **Affidavit:**
- Prepare an affidavit to confirm the accuracy of the genealogy chart.
Would you like more details on drafting the affidavit or any other step?
what is the overall cost to this suit
The overall cost of filing a partition suit can vary depending on several factors, such as court fees, lawyer fees, and documentation costs. Here are some general estimates:
- **Court Fees:** Approximately ₹* to ₹*,*.
- **Lawyer Fees:** ₹*,* to ₹*,* or more, depending on the complexity.
- **Documentation Costs:** Varies based on the number of documents.
Would you like more details on any specific cost component?
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