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Aravind   19 January 2018

Plz clarify my legal rights on ancestral commercial property

Dear Sir/Madam,

My father is the owner of sets of commercial properties (shops rented in bazaar) inherited from his father, his grandfather devolved lineage which is currently rented out for commercial purposes.

The rental income for the entire property is collected and used up by my father to himself for the past 20 years since his inheritance.

All these properties are transferred to him through a Will (95%) & gift deed (5%) from his parents.

As part of the discrimination behavior without conscience towards me, now my father threatens me saying that he is going to pass on the entire property to my elder brother through a legal process in future.

Is it possible to claim my legal share on the above said property when both my father & mother are alive?

If possible kindly let me know the procedure to be done vividly.

Expecting your kind guidance as a trail reply for my above query..

Thanks and Regards,

Aravind

aravindshvks@gmail.com

Sivakasi, Tamilnadu



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 5 Replies

R.Ramachandran (Advocate)     19 January 2018

Without details regarding a(i) the year the property was acquired by the grandfather of your father; (ii) the year in which your father's father was born; and (iii) when did your father's grandfather expired; it is not possible to give any answer to your query.

Kumar Doab (FIN)     19 January 2018

It is believed that you are all Hindu.

The property that devolved upon your father by WILL or Gift was from his father or mother also as you have written parents that implies; Father and Mother Both. Distinguish IT clearly.

 

Who was 1st owner of the said properties say; Grandfather or he also got said property (ies) from his Father?

The nature of property (ies)  in the hands of 1st owner of the said properties say; Grandfather was self earned/acquired?

Was said property (ies) partitioned in between by partition deed?

Has your father’s father been sole surviving legal heir?

Has your  father been sole surviving legal heir?

Your family belong to which traditional legal treatise—the Dayabhaga school or Mitakshara?

Apparently your family has not been under any distress needing any disposal of ancestral  property for (financial) distress.

Confirm!

Kumar Doab (FIN)     19 January 2018

 

Ancestral Property; That is 4 generations old; acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter

 

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Property inherited by will and gift are not ancestral properties.

Property from mother’s side is not ancestral property.

If the property (ies) was partitioned by redg. Partition deed it should lose IT’s ancestral character.

Kumar Doab (FIN)     19 January 2018

 

Obtain mutations record with link docs from O/o authority under whose jurisdiction property falls and so these to a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil/succession matters and having successful track record………………..for a considered opinion on nature of property ancestral ( Pushtaini) or self acquired.

If the nature of property is self acquired then your father can dispose in his life time in anyone’s favor even a stranger by a valid/registered deed e.g; WILL, Gift, sale…….!

Relook at your relations and crease the differences if any and let your father consider equitable discretion for you also.

Legal routes are protracted, lengthy, stressful, costly….

Preferably try your level best for amicable setlement.

Aravind   19 January 2018

"which then passes undivided down the next three generations"--- Kindly clarify what does the term 'Undivided" means here in this context.


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