Ancestral property
K PALANIVEL
(Querist) 09 June 2020
This query is : Resolved
My grandfather died in the year 1970. At that time a property was on my grandfather's name. My grandfather has one son and two daughters. In 1984, the patta of the land was transferred to my Father's name and at present the holder of the land is my father. Since 1984 the land is being utilized by my father. Now, one of my grandfather's daughter is asking9 her partition. Whether she is eligible. Kindly clarify with SC judgements, if any.
Raj Kumar Makkad
(Expert) 09 June 2020
Yes. Both the daughters of your gradfather are eligible to share in the property left by your grandfather. If the said property was ancestral in the hands of deceased then the shares shall get changed but if the same was self acquired by him then all 3 legal heirs ( your father and his two sisters) shall get equal share in that property irrespective of the fact that your father managed to get exclusive patta in his name and is using the entire property since 1984. My reply is based upon the fact that the parties are governed by Hindu Law.
kavksatyanarayana
(Expert) 09 June 2020
You said that the property was on the name of your grandfather. so it is presumed that the property is his self acquired property. so the 3 legal heirs i.e. your father and his sisters have an equal share in the property as per Hindu Law. Though the patta is in your father's name, your aunts (your father's sisters) have an equal share with your father.
P. Venu
(Expert) 09 June 2020
How is that the property is ancestral? In the absence of particulars, it is self acquired. On the death of the grandfather, the property is jointly vested with the children and their mother(If alive). Your aunt is a joint holder and she is entitled to seek her share/partition.
The patta held by your father is of no consequence as far as right, title and interest of the other legal heirs are concerned.
Rajendra K Goyal
(Expert) 13 June 2020
Property can be ancestral when it is inherited up to four generations of male lineage, never divided through a partition deed, family arrangement etc.
If the property does not fulfill the given definition of ancestral property it is not ancestral property.
Rajendra K Goyal
(Expert) 13 June 2020
You have not mentioned how the patta was transferred in the name of your father in 1984. Whether the consent of sisters was taken while transferring the patta?
Your father is having possession of the property since last 35-36 years, whether any step was taken by her sisters for share in the property since then? Whether any consent from them was there while transferring patta in your father’s name.
Raj Kumar Makkad
(Expert) 13 June 2020
Had the consent of the sisters of the father of the author would have obtained at the time of the change of patta entry, they wouldn't have raised any objection and no this query would have arisen. The author has already clarified the facts in this regard.
Rajendra K Goyal
(Expert) 13 June 2020
In case no consent was ever taken, the sisters can claim share and partition in the property.
