Ratio in ancestral property
vivek patil
(Querist) 18 June 2012
This query is : Resolved
i WILL BE HIGHLY OBLIGE IF SOME EXPERT WILL ANSWER MY QUERY. WE HAVE A ANCESTRAL PROPERTY LOCATED IN MUMBAI WESTERN SUBURB WITH 650 SQ MTRS LAND AND GROUND +2 STORY BUILDG. THIS WAS GIVEN TO OUR FATHER BY REGD.PARTITION DEED MADE BY OUR GRANDFATHER IN NOV.1955.WE ARE 3 SISTERS AND 2 BROTHERS.OUR ELDEST BROTHER WAS BORN IN OCT.1955 SO HIS NAME WAS INCLUDED IN PARTITION DEED AS A MINOR JOINT HOLDER.SINCE THEN OUR FATHER USED TO COLLECT THE RENT FROM THE SAME PROPERTY AND RENT RECEIPTS WERE ISSUED IN A "XYZ & SONS" FASHION.AND FATHER USED TO FILE INCOMETAX IN HUF A/C NOW OUR FATHER DIED INTESTATE IN YEAR 1984. SINCE OUR ELDEST BROTHER TOOK OVER THE HANDLING OF PROPERTY. AND HE HIMSELF ADDED ALL OUR SIBLINGS NAMES IN MUTATION .BUT NOW BROTHER HAS CHANGED HIS ATTITUDE HE DOESNT GIVE US SHARE IN RENT HE SAYS THE BLDG.COMES UNDER HUF OF XYZ& SONS AND LAND BELOW HAS YOUR RIGHTS ONLY IN FATHERS SHARE . HE INSISTS THAT HE IS A KARTA OF THIS COPARCENERY HUF PROPERTY.AND SAYS COPARCENERS ARE ONLY TWO BROTHERS AND MOTHER ARE 3 SHAREHOLDERS AND IN OUR FATHERS SHARE ALL SIBLINGS ARE ENTITLE TO CLAIM LEGAL RIGHTS .SO PLEASE TELL US ARE NOT WE ENTITLE FOR EQUAL RIGHTS IN THE SAME PROPERTY.HOW TO GO TO CLAIM OUR RIGHT IN A LEGAL WAY.
PLEASE GUIDE US.
THANKING YOU
Anirudh
(Expert) 18 June 2012
In the above case, on the day when the father died in the year 1984, the HUF property will be partitioned into 4 parts and 1/4th share each will go to the deceased father, his widow and two sons.
The 1/4th share of the father will go equally to all his legal heirs viz., his widow, two sons and three daughters.
The daughters will not be entitled to anything else.
Shonee Kapoor
(Expert) 19 June 2012
I agree with Anirudh, the succession would open in 1984, and the law of that time would be applicable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
