What will be the share?
Querist :
Anonymous
(Querist) 03 October 2011
This query is : Resolved
Dear Experts, "X" is having Ancestral property and he has one son,one daughter,one wife.In HSA act 2005 the son & daughter has birth right in the Ancestral property of "X". Can the son & daughter can ask for their share during the lifetime of "X" ? If so what will be their share?
R.Ramachandran
(Expert) 03 October 2011
First you have to indicate how you came to the conclusion that the property in the hands of "X" is ancestral?
Unless the character of the property is established properly, one cannot proceed to give an answer.
Therefore, you have to indicate the details about the property, how 'X' got the property, from whom he got the property, how the person from he got the property got the property - by his self-earning or from his forefathers etc. etc.
kuldeep kumar
(Expert) 03 October 2011
yes tell us how have u got property.we want to give u more better answer then
prabhakar singh
(Expert) 03 October 2011
revert back with facts inquired by Mr.Ramachandran to have answer.
Querist :
Anonymous
(Querist) 04 October 2011
Dear experts, the property is question was purchased by the grand father of 'X' by his self-earning. After that the said property came to the father of 'X'. Now the said property is in the name of 'X'
R.Ramachandran
(Expert) 04 October 2011
That is what exactly I wanted to know before proceeding further.
It is your misconception that the property is "ancestral". The said property being the self-acquired property of your grand father if inherited by your father, is the "personal property" (and not "ancestral property") of your father.
Nobody, other than your father has any right in the said property.
Therefore, nobody, i.e. son, daughter or wife can ask for any share in the said property during the lifetime of "X"?
prabhakar singh
(Expert) 04 October 2011
Mr.Ramachandran has rightly rightly guided you that property self acquired by grand father and inherited by father is his absolute personal property in hands of your father and does not form part of any coparcenary so as to recognize any right of his sons or daughters by birth,and such a father having absolute right title and interest in so inherited property enjoys all transferable rights by sale,gift,exchange,lease,mortgage,will etc.,with out any interference from any body,be it his son,daughter or wife,or whosoever.
Querist :
Anonymous
(Querist) 04 October 2011
Dear R.Ramachandaran & Prabhakar Sir, From your reply it seems that You are assuming that the property purchased by Father of "X" whereas I have stated that the property was purchased by the grand father of 'X'. Am I right?
R.Ramachandran
(Expert) 04 October 2011
Dear Anonymous,
In that case please tell in which year he purchased the same and when did the said property passed on to his son i.e. father of "X"? Whether the property passed on to his son (father of "X") after the death of Grandfather of "X" or before?
Querist :
Anonymous
(Querist) 04 October 2011
The Grandfather of "X" purchased on or before 1940 ( no Such record available in revenue department). After his death it came in the name of father of "X" nearabout in 1945( no Such record available in revenue department of 1945 for this also). All this is being assuming as told by the elders.BUT today it is in the name of "X" in the revenue record after the death of father of "X" in 1987.
Querist :
Anonymous
(Querist) 09 October 2011
Dear Experts, my Query is pending.
R.Ramachandran
(Expert) 09 October 2011
I have taken a stand that I will not be attending to queries by "Anonymous". Only when name of the querist is revealed that I will be attending to answering the queries.
