Ancestors property has been registered to a son out of anoth

Amal Kar (Querist) 19 January 2019 This query is : Resolved
My father has given and registered by deed his all of ancestral property which valued about Rs. 7 crore (whether movable or imovable) to my elder brother depriving another my 4 brothers and sisters and passes away on 2nd Jan 2019, I may know whether we can claim for these in legal ways or not ???

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Isaac Gabriel (Expert) 20 January 2019
All the children have equal share.You,if agree for equal share can partition it and register without resorting to legal action.

Bhaskaran Advocate (Expert) 20 January 2019
Your father had no right to do it. He can only do the act that you mentioned to his self acquired property.

sachin sharma (Expert) 24 January 2019
Better to meet any good advocate to understand whether it was an ancestral property or not.

Hemant Agarwal (Expert) 21 February 2019
1. Ancestral Property CANNOT be Willed away or Transferred or Sold or whatever, without the express written consent of all the residual Legal Heirs, related /entitled in anyway to the ancestral property.

2. Proper "partition proceedings", have to be conducted for the ancestral property, and only then the relevant partitioned portion can be sold /gifted / mortgaged /transferred /whatever.

3. File a Civil Suit, for claims on the property and for declaration to cancel the already executed deed.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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