Ancestral plot distribution
saurabh
(Querist) 21 September 2016
This query is : Resolved
My best friend is having a ancestral plot in residential area in delhi he wants to know as he has his 1 chacha 3 buajis(father sisters) and his own father and his younger brother when it comes to partition of the ancestral property and if they dont sell the property.ALL ppl including him are equal in terms of share of the plot or any other clause is there.
Guest
(Expert) 21 September 2016
Mr. Saurabh,
To which generation ancesters of your friend the property belongs and on what ground you treat the property as ancestral property?
Advocate Kappil Cchandna
(Expert) 21 September 2016
Sir,
Need not know certain more facts, therefore tell your friend to call and discuss.
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 21 September 2016
You may respond to the points raised by experts, for proper response.
R.K Nanda
(Expert) 21 September 2016
State full facts.
Raj Kumar Makkad
(Expert) 21 September 2016
How your friend designates the property as ancestral? When did his grandfather died?
These questions are vital to be answered prior to our reply so better to persuade your friend to directly come and pur his problem.
saurabh
(Querist) 22 September 2016
Thanks to all
Plot was on the name of his great grandfather he gifted the property to his grandfather now grandfather died in 1996 and grandmother also passed away in 1999.and remaining are his father, chacha 3 bua , his younger brother, and himself.
Raj Kumar Makkad
(Expert) 22 September 2016
In the given case, the property do not become ancestral as the property stood gifted by his great=grandfather to his grandfather. Thus that property became his personal property and if his grand-father died intestate then all his legal heirs including his grandmother are entitled to inherit equal shares as per HSA 1956.
After demise of his grandmother in 1999, her share shall also be got divided in the similar way.
Guest
(Expert) 22 September 2016
Property on gifting lost the character of ancestral property. Your friend should forget to claim any share.
Guest
(Expert) 22 September 2016
Although, your question pertained to an acdemic query, but you have found the answer to your law school exercise. Congratulations!
Kumar Doab
(Expert) 22 September 2016
Experts have resolved the query.
Your friend can benefit from the advise of experts.
Advise your friend to approach a very able counsel of such caliber.
Rajendra K Goyal
(Expert) 22 September 2016
The property would be treated as self acquired property of your grandfather after it was gifted to him.
Your father, all Bua, uncles have equal share in it.
Kumar Doab
(Expert) 22 September 2016
It has been believed that gift was by a valid gift deed.
Raj Kumar Makkad
(Expert) 25 September 2016
The property in the hands of your father and all his brothers and sisters shall be their personal.
