Division of ancestral property

Ramkrishna (Querist) 23 September 2014 This query is : Resolved
Respected Sir,
My father who is in charge of ancestral property wants to do a partition deed now.
Me and my wife are living separately and my two sons are living with her and both are working. We had neither applied for divorce nor separation, She and me had some difference and she asked me to leave her house (the place we live belongs to her). Now my question here is my father has 10 acres of agricultural land which is ancestral, now he wants to write a partion deed for five acres of it to me and retain five acres for himself and he wants to write a will dividing the remaining five acres into three equal parts for me and my two sisters.
Me and my children are not much in talking terms,If he gives me five acres and if I have to sell them I have to either take the consent of my children or I have to divide my share into three parts and then only I could sell my share (as far as my knowledge goes) and even the share which he proposes to give me in his will should be shared by my children.
Is there any chance I can retain the major share of the ancestral property and give them a lesser share as they are not looking after me.
And lastly can my father sell a part of the property for himself without the consent of his grand children. Please advice.
Thank you.

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BAALASUBRAMANNYAMM (Expert) 23 September 2014
1. If your father wants to sell his property, there is no need to take permission/acceptance from his grand children ie., your sons and daughters.
2.If your father once gives the property to you by way of any deed, after transferring his rights on the property, then your children are entitled to share.
3. You are not simply giving lesser share of property, because of the reason, now what you are telling,but they are entitled equal share as of you in the said property.

Anirudh (Expert) 23 September 2014
If it is truly an 'ancestral property', then the answer given by Mr. Baala Subrahmanyam is not at all correct.

First and foremost, one has to be sure whether the property in question is 'ancestral' or not.

For that the querist has to indicate the details about the property - as to (i) in which year it was purchased and by whom (ii) how did the grandfather of the querist got the property and in which year?

Only upon knowing the above information, any further answer could be given.