Ancestral property

Prashant (Querist) 01 June 2009 This query is : Resolved
My sister in law lost her father just a month ago.Her mother is still alive. Her father got 2 plots in pune from his father i.e. grandfather of my sister in law. On one of the plots her father constructed a bunglow and one plot is still vacant.Now my sister in law's brother is forcing her to give up the right on all the properties without any consideration saying that now since she is married she should give up her right.
Now we would like to know what is the remedy available to my sister in law. Is her right on the ancestral properties extinguished when she got married? Can she refuse to sign the transfer documents? Can her brother transfer all the property in his name even if his mother is alive?
What is the legal status of the ancestral property? How the ancestral property is distributed between family members?

Thanks in advance.

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sanjeev murthy desai (Expert) 01 June 2009
Dear Mr. Prashant,

Your sister inlaw, her brother and his mother have equal rights (1/3rd share each in that properties.

Your sister inlaw can file a partition suit against her mother and brother.

Please check wheather any oral partition was happened earlier(before 2005) their family otherwise she dont have rights to claim that properties.

sanjeev desai

Y V Vishweshwar Rao (Expert) 02 June 2009
In ancestral proerty,son and daughter will get equal shares. if it is not partitioned.

G. ARAVINTHAN (Expert) 02 June 2009
Her brother can have no right to say her as to give up for no consideration. She can file a suit for partition as she is entitle for 1/3share

B.B.R.Goud. (Expert) 02 June 2009
In ancestral property,son and daughter will get equal shares, unless it is not partitioned, before Dec,2005.

Your sister inlaw, her brother and his mother have equal rights (1/3rd share each in that entire property.

Your sister in law shall have to file a partition suit against her mother and brother.

Please check wheather any oral partition was happened earlier(before 2005) within their family.

Prashant (Querist) 02 June 2009
Dear All

But what we mean by oral partition. How to prove it. Even if she had not given oral partition how her brother can prove that oral partition had taken place or vice versa
Thanks in advance

sanjeev murthy desai (Expert) 03 June 2009
Dear Mr. Prashant,

Oral partition mean that it is a record of partition and which is confirms that the division of the properties amongst the members of the family.

The hindu successioin (amendment) act shall not affect or invalidated any disposition, or alienation, including any partition which had taken place before this act commencement.

Uma parameswaran (Expert) 03 June 2009
Your sister in law has the right as same as her brother. Her brother could not do any thing alone. If he done any mutation it is illegal and your sister in law have the right to question it.