Ancestral property
Shilpa
(Querist) 20 June 2014
This query is : Resolved
This is Karthick and I have question on my grandfather's ancestral property. I have mother, father and brother, my wife and my childrens in my family. My Grandfather and my grandmother died and property is distributed to all his successors. My father got his share and it is currently in his name and he is taking care of income. The issue is my father is not taking care of my brother and mother for basic neccessities and also both are having health issues. I take care of most of the time but I also have lot of responsibilities of taking care of my wife and childrens. My father is now not at all taking any responsibility at home and take all the income from ancestor property.
We would like to know that can we claim the income of the ancestral property for my mother and brother for thier basic necessities ans health care?? Kindly clarify so that we can think of putting the case...
We also know that my father cannot sell the property without our permission...Is that true????
Waiting for your reply
Thanks,
Karthick
Rajendra K Goyal
(Expert) 21 June 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Women-and-kids-in-trouble-quick-response-highly-appreciated-479236.asp#.U6VzPLFKqRQ
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
dear Karthik..
YEs you can legally claim for the income from the ancestral property and you are correct he can not sell the property without all the family members consent ...
Anirudh
(Expert) 21 June 2014
Dear Mr. Uttam,
What is the basis for your answer?
Are you sure that the property in question is 'Ancestral'?
Will your answer hold good in case the property is not 'ancestral'?
Please clarify.
Shilpa
(Querist) 22 June 2014
Hi Anirudh/Karthick,
I verified it from my mother that my grandfather property is from his father and he got it in the year 1948 and my father got his share in the year 1992.
Thanks
Anirudh
(Expert) 22 June 2014
Since you say that your grandfather got the property from his father in the year 1948, I have no doubt that the property in question is 'Ancestral'.
It is correct that your father cannot sell the property without the consent of you and your brother.
Your father holding the Ancestral property is liable to maintain your mother and brother. If he is not doing so, then you and your brother can file a suit for partition - that will bring him into his senses.
Though cases can be filed against your father by your mother and brother that he is not maintaining them, that will be a long drawn battle.
The suit for partition filed by you and your brother will be a better option.
uttamtibrewal@yahoo.com
(Expert) 22 June 2014
Anirudh .....
Its clearly mention in the question that property is ancestral property ... kindly go through the query before making any comments .
Anirudh
(Expert) 22 June 2014
Dear Uttam,
Just because the querist said (and in this case happens to be so) does not automaticaly mean that the property is 'Ancestral'. Many a querists and even including lawyers get the meaning of the Ancestral property wrong.
That's why it is of utmost importance to first get the full facts before giving any answer.
You did not answer my specific query.
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
I agree with Mr.Anirudh. Just saying that the it was ancestral property will not confer the title, the author's subsequent clarification confirmed the status of the property, this is because of the intention to give a proper opinion and clarification to the querist seeking clarification here.
