Son's share in ancestral property
sundar
(Querist) 04 June 2014
This query is : Resolved
Sir.My family has 4people.me(age 36),my sister(27),my father(70),my mother(58). my father has property of 1 house(10000 sq.ft),2 acres agricultural land,80 cents ordinary land.this property is my father's share.my father has two brothers,they 3 divided my grandfather's property into 3 equal parts,after 8 yrs of my grandfather's death i.e.. in 1968.my grandfather died in 1960,without writing any WILL.my grandfather got this property from my great-grandfather,by WILL written in the year 1920,when my great-grandfather was alive.
my questions are
1.what % is my share in this property and how it should be divided(because i heard that since i am the only son,i have 100% rights in house and 50% rights in land).
2.can i claim my share or force my father to give my share my legal means(because my father is very arrogant.even we are financially weak,my father doesn't sell any land and also not allow me to sell.he is also not willing to give my share.all properties are still in the name of my father.me and my sister are both unmarried)
my native place is tanjore district,tamilnadu state,india.
Dr J C Vashista
(Expert) 04 June 2014
Answer to your queries:
my questions are
1. It is 1/3 share in entire properies whiich can be divided either by mutual consent or through a suit for partition in Tanjore court.
You have wrongly heard that being the only son, you have 100% rights in house and 50% rights in land.
2.You can claim your share peacefully i.e., by meets and bounds otherwise through the process of law by filing a suit for partition in Tanjore court.
Seek the services of a local expert lawyer.
.
Rajendra K Goyal
(Expert) 04 June 2014
Consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 04 June 2014
agree with DR JC vasishta . as son you are only one of legal heirs . dont have 100% rights in property
K.K.Ganguly
(Expert) 04 June 2014
1. Agree with Dr.Vashista. You do not get the entire property though you are the only son,
2. You can file a partition suit if your father does not wish to give you your share.
malipeddi jaggarao
(Expert) 05 June 2014
While I agree with Dr.Vasistha about your rights and the process to get the share, I have few questions: You are 36 unmarried. Your father is the family head. Why do you think of selling the property? Are you not having sufficient income to lead a normal life? By this time, you should be in a position to earn on your own and also support the family. The ancestral properties are not for the purpose of sale in ordinary course, they are cushions provided by ancestors to come to the rescue of their descendants if they are entangled in unfortunate crises. If you wish have a different life style than that of your parents, you should earn on your own and fulfill your wish instead of entertaining the idea of demanding partition and selling away the property.
T. Kalaiselvan, Advocate
(Expert) 05 June 2014
I have my own doubts about the ancestral nature to the property. The property acquired by grandfather through a Will on his favor and thereafter he partitioned the same among all his sons. Therefore after due partition the author's father becomes an absolute owner of the property extinguishing the meaning of 'ancestral property', thus in my opinion, as of now the author may not be eligible even for a share in the property, I welcome other experts clarifications disagreeing my opinion.
sundar
(Querist) 06 June 2014
thank you very much sir,for sending your valuable time.thank you very much.
Hemant Agarwal
(Expert) 05 August 2014
1. As rightly analysed by Advocate Shri T. Kalaiselvan, Property which is duly partitioned and held individually, will duly lose the status of "ancestral property"
2. However, irrespective of whatever, the querist "sundar" alongwith the other legal heirs can still file partition suit, for the property, using various parameters.
Keep Smiling .... Hemant Agarwal
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