Ancestral property


Hindu Family. Mr. X is a grandfather. He has 4 sons A,B,C and D. Mr. X purchased one agriculture land L of 2 Bighas and got it mutated in Mr. A’s name.  Mr.  A was child below 10 years of age, unemployed during those days.  Mr. X had purchased other agricultural land as well on his name. Time passed and Mr. X grandfather passed away. The mutual understanding was well between the brothers A ,B, C and D and they divided equally the income from their father Mr. X ‘s property including that of agriculture land L for which Mr. A was namesake owner.  Mr. A  (eldest son) passed away some 20 years ago and with time relationship soured with Mr. A’s wife, daughter and son in law and Mr. D. One fine morning Mrs. A refused to pay Mr. D 25% share of Land L for which Mr. A was namesake legal owner saying this was owned by my husband.  However she gave Mr . B and Mr. C their 25% share each. Mr. D is shocked at this.

1.       What legal options Mr. D has to get his 25% share of land L?

2.       Can Mr. D go to court of law and ask for his share in Land L which is actually ancestral property and that his elder brother Mr. A was only namesake owner?

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Mr.X, Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. Mr.A got mutation when the Mr.X was alive. So it is not ancestral property.This is a matter to be determined on the facts and circumstances of the case.


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FIN

A was owner and became absolute owner on attaining majority.

You may show all docs on record to a lawyer dealing in such/revenue/property matters and proceed under expert advice of your lawyer. 


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Thanks Ramacharya and Kumar for your response.  Mr. D should now ignore this matter.

 
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