Ancestral property
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
Advice on ancestral property:
My name is Susheelamma my mother expired after that my father married second wife, myself and my sister from first wife children and my father having three children, two daughters and one son from second wife, my father staying along with his second wife’s son , my father received ancestral property from his father.
I need following advice from you
How to get property details having my father and if any ancestral property already sold details
What share we can get from my father ancestral property and how do we get our share from that property
prabhakar singh
(Expert) 27 September 2011
AS YOU SAY"my father received ancestral property from his father".BEFORE ANSWERING ANY THING I NEED TO KNOW HOW YOUR GRAND FATHER[FATHER OF YOUR FATHER] ACQUIRED,FROM YOUR GREAT GRAND FATHER OR FROM HIS SELF FUNDS????
ajay sethi
(Expert) 27 September 2011
as pointed out by Mr prabhakar singh if it was your grandfather self acquired property which he bequeathed to your father your father has aboslute rights to sell the said property .
R.Ramachandran
(Expert) 27 September 2011
Experts are right.
Just because the property was received by your father from his father (grand father) does not mean it is an "ancestral property".
We have to check up, whether the grand father also got the property from his father (i.e. great grand father) or he obtained the property by his self-earning.
If it was self-earned property of your grand father, then when your father got the property the same will be treated as your father's 'personal property' and NOT "ancestral property".
If it is a personal property of your father, during his life time, none of you can claim any share in it.
However, if it is "ancestral property" then you can demand partition. In case of Ancestral property, all the 5 children and your father will get 1/6th share each.
Whether or not you will get a share in the property will depend upon whether it is "ancestral property" or "personal property".
Therefore, it is necessary to firstly know, whether the property was self-earned property of your grand father or he also got it from his father.
