Division of ansestral property
Raghavendra B
(Querist) 08 September 2015
This query is : Resolved
Dera Sir,
We are totally 4 children to my father. Two females and two males.and Both father and mother are living with me. We have only one small property which is in the heart of the city and in 2013 April it was constructed by my elder brother from his own money in the year 2013 and is living there till today.
Property is a ancestral one.
Can you please answer the below questions:
1. How many share we need to make out of the property ?
2. If my brother has to pay money to the rest, what value he should consider ?
Would really appreciate for quick reply. please.
Anirudh
(Expert) 08 September 2015
When you say property was constructed by your brother from his own money, then how can you san that the property is 'ancestral one'?
First clarify this.
Raghavendra B
(Querist) 09 September 2015
Sorry for the incomplete information.
Property is still in the name of my father.
Referred property was construed 50 years ago. hence, since it was very old, the house was demolished and newly constructed by my brother.
Now, My father is in dilemma because out of four children , only one of my sister is insisting for the money. now as how to solve this issue.
Hence, whether Govt/guideline value or market value to be considered ??
Which value to be considered for such settlement.
Property dimension is 9 x 18.5 ft. total 166.5 sq ft.
Kindly reply at the eariest.
Thanks in advance.
Rajendra K Goyal
(Expert) 09 September 2015
Consult local lawyer and show him all the documents.
Anirudh
(Expert) 09 September 2015
Dear Mr. Raghavendra,
You are not coming out with complete facts.
Just because the property was constructed 50 years does not mean it is 'ancestral' property.
Who was owning that property in 1950? Who is owning it now?
Even after the reconstruction by your elder brother, the property is still in your father's name.
So long as your father is alive, nobody has any right over the same.
Therefore, either your sister, or anybody cannot claim any part of the property to be their share.
When you say since we are 4 children, please specify how many of you are brothers and how many sisters.
Whether your mother is alive?
Raghavendra B
(Querist) 09 September 2015
Dear Sir,
Property was divided by my grand father and my father got the above referred property as his share.That was done in 1979.
In 2013, my brother constructed after demolishing the old house after getting everybody's oral consent.
For your clarification : - Myself, my elder brother and two elder sisters- Total 4 children to my father.
Both my father and my mother are living with me.
brother is living with his wife and a child.
both sisters are living separately with their husband and children.
I think above information is enough about our family.
Now, Kindly advise us what can be done ?
Since one of my sister is asking for share, my parents are thinking of settling this issue in their presence only.
But,My brother is not financially sound and its difficult for him to pay.
And we do not want to sell the property.
Hence, I am trying to take a lead and resolve the issue on behalf of my parents.
Kindly advice how i should approach, how much share/money to be given ?? and what clearance to be taken after payment.
Anirudh
(Expert) 09 September 2015
How did your grandfather get the property? Did he purchase it and if so in which year? or Did he get it from his father and if so in which year?
Raghavendra B
(Querist) 09 September 2015
My Grand father had purchased it from some person during 1954.
Anirudh
(Expert) 09 September 2015
In the fact situation, the property is not at all 'ANCESTRAL'.
The property in the hands of your father is his private property. He is the absolute legal owner of it. NOBODY CAN CLAIM ANY SHARE FROM THE SAME, during his life time. It is your father's sweet will and pleasure as to how he wants to dispose of it. There is no legal compulsion that he should distribute it during his life time.
If he is sure that both his daughters are well settled and the elder son has invested money in building the house and that the other son is taking care of them and therefore in his view he wants to give the property only to his two sons in equal share, he can do so, without giving anything to his daughters.
Or, he can write a registered WILL stating that after his life, the house will be enjoyed his wife (that is your mother) and after the life time of his wife, the property can be divided equally between all his 4 children i.e. 2 sons and 2 daughters.
HOPEFULLY BY THAT TIME, ALL OF YOU WILL BE WELL IN LIFE.
Therefore there is no need at present to give any money to anybody.
Hope this clarifies the position.
Raghavendra B
(Querist) 09 September 2015
Thank you very much for the detailed
reply. Hoeever I have still some doubts as below :
1. property is not from my father's earnings. It has come to his name through the partition deed made between his brother during1979.
So now should this be considered as ansestral property or not??
Anirudh
(Expert) 09 September 2015
I have noted the complete details of the property.
The property after demise of your grand father, had been partitioned between your father and his brother.
Only after noting all the details, I am of the strong view that the property is not at all ANCESTRAL.
Raghavendra B
(Querist) 10 September 2015
Dear Sir,
Really thanks and appreciate for your prompt reply.
Further, We are still not clear as some people are of the strong opinion that it is Ancestral. and all grand children(both sons & daughters) do have equal rights in the referred property.
They argue that when my father has not earned the property on his own, it is to be considered as anstestral even though he has received through the partitiion deed made with his brother.
Kindly clarify the above with any example.
Further, If at all my father wants to give share to one of daughters, How to find out the fair value.what is the fair value value should we consider. How generally court decides about the price to be paid.
Would really appreciate if your reply.
Hope you dont mind please.
Anirudh
(Expert) 10 September 2015
Dear Mr. Raghavendra,
I can say with authority of law that the property is not at all 'Ancestral'. Therefore your father need not worry.
If others are saying it is 'ancestral' it is their understanding of law on the subject (though totally incorrect).
Just because one has not earned a property, but got it from his father, does not mean that it is 'ancestral'.
