Ancestors property

Sabarish (Querist) 23 August 2016 This query is : Resolved
Hi sir,
We live in a house, which my father got it from his grandfather. My father has 2 younger brothers. So the 3 brothers(my father and his 2 brothers) divided the property into 3 parts. As their grandfather didn't make any will while he was alive, these 3 brothers divided the property after the death of their grandfather. My father has 2 sons. I am the elder one. My question is that, does my father have a right to give that property(house) to any one? Or we, the sons of my father should get that house? I guess we have the right to get the house not my father.
Could you please help me with this?
Thank you so much.

Follow Query

Report Abuse

Kumar Doab (Expert) 23 August 2016
You have posted that:

"3 brothers(my father and his 2 brothers) divided the property into 3 parts."

The nature might have changed from ancestral.

If yes, you have no forced share.

Rajendra K Goyal (Expert) 23 August 2016
After dividing the property, it is not ancestral property. Your father can sell / gift / mortgage / bequeath a will for his share in the property as per his wish.

Guest (Expert) 23 August 2016
You are mistaken about ancestral property. Share received by your father by division of his father's property do not fall within the scope of ancestral property.

So, you don't have any right in the property of your father during his life time.

Kumar Doab (Expert) 23 August 2016
Your father can dispose the property by his sweet will in his life time, to anyone.

He may decide to give it to you!

Raj Kumar Makkad (Expert) 26 August 2016
i concur the advice of ld. Dhingra ji.

Kumar Doab (Expert) 26 August 2016
Hope you have checked and satisfied that the property is not ancestral.

Serve your father so that he decides to give a share to you by his own and sweet will.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now