LawPaw
Property & Tenants

Dispute over family or ancestral property?

Under the Hindu Succession Act, daughters have equal rights in ancestral (coparcenary) property, and legal heirs share the self-acquired property of a person who died without a will. A lawyer first tries a family settlement and, if needed, files a partition suit.

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How we get it solved

  1. 1Identify the property type — ancestral or self-acquired — and all legal heirs
  2. 2Attempt a family settlement or partition deed
  3. 3File a partition suit and seek interim protection if needed
  4. 4Get the shares divided and records updated

Documents that help

  • Property documents
  • Family tree and death certificates
  • Any will or earlier settlement

Don't have everything? Start anyway — your coordinator will tell you exactly what's needed.

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FAQ

Dispute over family or ancestral property?: common questions

Do daughters have equal rights in ancestral property?+

Yes. Since the 2005 amendment, daughters are coparceners with equal rights, as confirmed by the Supreme Court in 2020.

Should a family settlement be registered?+

A document that itself creates or transfers rights in property usually needs registration. A lawyer will advise on the right format.

Is it free to submit my problem on LawPaw?+

Yes. Telling us your problem and getting a call back from your coordinator is free. You pay only if you decide to go ahead.

What will I have to pay?+

Up to three things, all told to you in writing before you pay: (1) LawPaw's convenience fee for coordinating your matter, (2) the professional's fee, which they quote, and (3) government charges such as court fees or stamp duty, at actual cost. GST applies as per law. There are no hidden charges.

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