(Querist) 03 February 2018
This query is : Resolved
Respected all, My family has been encountered with a problem relating to our ancestral House Property. The issue is as follows. My Father has two elder brothers and sisters and a younger brother (6 members along with my father). They have a House Property registered in the name of their mother. My Grandfather is a Govt Teacher, expired at the age of 58, maybe. Two of the elder sons were employed by the time my Grand Father has expired. My Father was a graduate (M.A, B.Ed) at that time and the younger son was pursuing +2 at that time. My Grand father's job was offered to both my Father and the younger son saying that my father will be given an equivalent job to that of my grandpa's and if it was to be given to the younger, he will get attender equivalent post (due to lack of any degree). All my family members (including the younger) advised and agreed that my father should be given that job. All this has happened some 20-22 years ago. My younger uncle has his own entrepreneurship, and has became the richest of the other three. As my elder uncles are approaching retirement, we have a plan to divide the House Property into 4 parts (my grand mother has expired). But the Younger one is alleging that - as my father was given my grand father's job, may father is not entitled to his share in the House Property. Instead, the younger one has the right over my father's share in the HP, claiming that he has sacrificed the job to my father. Also he is condemning that if my father assigns his pension to the him then my father is entitled to a share in HP. Nothing was agreed in oral/writing at the time of giving my grand father's job to my father. Had it been discussed at that time, my father would haven't taken that job (since my father have already completed MA also). Does my younger Uncle's claim stands valid? I request you to please guide me to relevant Acts and Provisions applicable in the case above. Thanking You Sincerely in advance.
(Expert) 03 February 2018
Compensatory job taken does not mean that your father is not having share in the ancestral property. The law applicable to you by your name i guess you are hindu and hindu succession section 8 is applicable as your father purchased the house in the name of your mother so it is fathers property. Even if it is held to be mothers property then also no difference. In both the cases each of the son and daugthers are entitled to equal share i.e.1/6th share..
Dr J C Vashista
(Expert) 04 February 2018
Partition of ancestral property do not involve any other issue like compensatory appointment. Partition of the suit property shall be equal for all LRs of deceased. Consult and engage a local prudent lawyer to consider, analyse and guide you for such a long story.