Ancestral property issue

Querist : Anonymous (Querist) 29 October 2020 This query is : Resolved
Hello Sir,

I have an elder brother and sister. We have an ancestral property of 6 acres (in Kerala, Christian family) which my parents want to give it to my brother. We agreed to this orally,
though we have not signed any document, thinking that he will take care of our parents. We have another property of 4 acres, which my grand father gifted (self acquired) to my aunt
(who is unmarried and stays with my parents). My parents decided to give an acre each from that plot to me and my sister and rest to keep in their name. Recently, my brother
decided to renovate the ancestral house and he has taken a loan from the bank. We got to know that my father had transferred a piece of land (around 30 cents) to my brother's name
without our consent. But now, after demolishing the old house, he's not started to construct the house. My brother wants to transfer the 4 acre plot to his name before starting the
house construction. My parents and aunt are staying in a rented house for time being. My brother's and his wife's behavior towards our parents are not good. My parents
don't have a monthly income and they are mainly dependent on agriculture and diary. He doesn't care to give any monthly maintenance to my parents. Me and my sister help them as and
when we can. We agreed to this formula of partition thinking that brother will take care of our parents. But it doesn't seem to be from their behavior.
What are the legal options available for me and my sister in this situation?

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Quick Summary

A Christian family in Kerala is facing a dispute over ancestral property. An oral agreement was made for the elder brother to inherit the ancestral property and care for their parents, but this is not happening. Furthermore, the brother has taken a loan against the ancestral property for renovations, transferred a piece of land without consent, and now wishes to claim another plot. The parents and aunt are living in rented accommodation, and the brother is not providing maintenance. Legal advice suggests that while Christian personal law may not recognise ancestral property in the same way, parents can claim maintenance, and children have a legal obligation to care for them. The aunt's gifted property is her self-acquired property. Seeking legal counsel with all documents is recommended.

SHIRISH PAWAR, 7738990900 (Expert) 29 October 2020
Hello,

Your parents can file police complaints that your brother has demolished their house. Your parents can claim maintenance from brother.

Rajendra K Goyal (Expert) 29 October 2020
Your brother and also you are under obligation to look after your parents. They can file case / take police help for proper look after from you or your brother individually or jointly.

kavksatyanarayana (Expert) 29 October 2020
It is the responsibility of the major children to look after the welfare of the parents and the parents are entitled to this under the Senior Citizens Act. Moreover, your property is not partitioned in writing. and the other property of 4 acres which was gifted to your aunt is to be treated as her self-acquired property. So that property of 4 acres shall be disposed of by her only as she wishes. Your father's property is not partitioned, now make partition as mutually agreed between your family. take the help of your relatives, friends and well-wishers.

P. Venu (Expert) 30 October 2020
To my knowledge, the concept of ancestral property is unknown to Christian personal law.

As such, your parents and aunt can deal with their properties at their discretion. They alsp have the option to seek reparations for the injuries caused to them and their properties.

krishna mohan (Expert) 02 November 2020
Well advised by experts. Irrespective of partition of said properties as above all children to maintain the aged parents. Gift can not be conditional. Sort out issue amicably. You can consult legal expert on property matters in your area with all available documents for a workable legal solution.

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