Ancestral property

kunhi marakkar (Querist) 15 February 2022 This query is : Resolved
Mr.X is co owner with his brothers on their deceased father s property.X has children and wife.one out sider want attach X's share after partition of property.because of financial deal with X.
can X's children challenge this move? Because of ancestral property.can they claim on grand father's property during X's life time.they want save ancestral property from X's foolish deals

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The discussion clarifies that property inherited from a father is not automatically ancestral unless it falls under Hindu law and meets specific criteria. If the property was self-acquired by the grandfather and devolved to the father, the father's share is attachable. His children generally cannot object to him transferring or dealing with his portion, as it's considered his own property, not ancestral in their favour during his lifetime.

P. Venu (Expert) 15 February 2022
The property need not be ancestral just because it belonged to the late father. Moreover, ancestral property is a characteristic unique to Hindu law, not other personal laws.

The facts posted suggest the property, on the demise of the father, being is jointly vested with X and his brothers. As such X's share, though undivided, is attachable.

kavksatyanarayana (Expert) 15 February 2022
Mr.X was a co-owner with his brother on their father's death. Did Mr.X and his brother divide the property? If yes, then Mr.X's property will be treated as his self acquired property. So his legal heirs cannot object to an attachment.

Advocate Bhartesh goyal (Expert) 16 February 2022
Character and nature of questioned property is not ancestral.Property was self acquired property of your grand father and after his demise property rights devolved to your father and his elder brother and they are joint owner of property.If your father's share in property is being attached then you and your siblings have no right to object.your father has every right to transfer his share to anyone you can not legally make objections.

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