ancestral property

Vague, incomplete and confusing facts can not lead to form proper opinion and oblige.

Contact a local advocate as you have first to receive a notice and it is his responsibility to serve a befitting reply on facts.

grand father bought 2.5 acre agriculture land in 1959. He had 3 sons, 1 daughter, 1 wife. He died in 1967 without making will. In 1975 partition deed was made between 3 brothers, 1 sister, widow grand mother. Sister, grand mother did not want share. So, my father got 1/3 share in this property. Now, my father had 3 sons, 2 daughters 1 wife My father,mother both died in 2010. In 2008 my 2 sisters asking share through courts with amendment 2005. But my father made a will in 2002 in favour of his sons only. Lower courts (taluk, district) gave judgement in favour of sons only. But madras high court reversed these two judgements by saying coparcenar, coparcenary property( SA 922 / 2015 madras high court. Respected experts plz help me.

Ancestral property is not what is generally understood. It should be owned for four generations. Once there is a partition and if someone gets the same in partition it becomes self-acquired property. Your father got the property in a partition which became his self acquired property and he bequeathed the property through valid will in 2002, brothers are having in the enjoyment of the share and his parents expired in 2010. When sisters went to court the following was stated. In 2008 my 2 sisters asking share through courts with amendment 2005. But my father made a will in 2002 in favor of his sons only. Lower courts (taluk, district) gave judgement in favour of sons only. Now your apprehension is that they may go to appeal. There is no such possibility as an appeal should be made within 90 days from date of such judgment. Contact local advocate and show him the judgment, he will explain you the law depending on facts of your case, judgment and law. When the property is divided and in enjoyment through a partition deed and the court confirmed the law, even if your sisters wish to go for further with false implications like a will is a fraud etc., they have to establish fraud, pay court fee on market value and proceed for a decade further, there is no such probability. Members can not provide a remedy for doubts and fears without studying the lower court judgment, on your version only.

The query has already been replied that provisions of Hindu Succession Act apply in the instance and the property was never a joint family property. The decision of the High Court is wrong in facts and law. The Supreme could be approached through a SLP with prayer for condonation of delay.