(Querist) 28 March 2008
This query is : Resolved
sir we have an anscestral property in the name of my grand father and he dies about 20 years before. Know my father want to give that property to me and does not want to share it with my elder brother. Pls suggest the right procedure in this regards so that i will not be in trouble for any reason in this regard and i enjoy the property without any problems from my elder brother. pls suggest
I am sorry to say that neither your father nor you can exclude your brother from legally having his share in the ancestral property. You both are bound to give the same to him else he can move to the civil court for the same.
But, yeah, one thing could be done. Your father can give his share in the property to you through will or gift. That can not be taken away from you by your brother in any case. So make three divisions of your property and give one share to your bro and keep two with you.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 31 March 2008
Sorry, I cann't help, because it is an ancestral property and your brothers are entitled for their respective shares. Because as per law the grandsons cann't be debarred from the ancestral property. But if your father wants then he can give his share from that property to you.
(Expert) 13 April 2008
if your brother relinquishes his right over the property by taking some money in lieu of his share in the ancesral property, and your father also relinguishes right over the property infavour of you, in that situation only you will become onwer of the whole property.
(Expert) 17 April 2008
Your brother cannot be excluded from claiming his share.As suggested by Jithendra, you can get a release deed to avoid any future dispute.
(Expert) 15 June 2008
I agree with the suggestions given by my learned friends .
(Expert) 17 February 2009
Your suggestions are really helpful
(Expert) 27 January 2011
Read Hanuman Prasad case for more clarity; and there are some ways through which your brother can be expelled from the ancestral property.