Property distribution
Abhishek
(Querist) 23 April 2018
This query is : Resolved
Sir my father has a land which is inherited from my grandfather , 4 generations old and house in which was constructed by my father and uncle together . They have divided their farm land already 7yrs ago ,1) so question is whether it is my father's self acquired property or ancestral property & 2)we are 3 brother's ,I am the youngest and my parents live with me because my brother's are not willing to share responsibility. So whether my father can write me all the property or 50% of it if he wants as my brother's are threatening to take legal action considering it as ancestral property .3)There is a commercial land also in which he wants to give me the total front side .So whether it is possible if he wants to make a registered will . Can my brother's dispute his will ?
Krishnapur Ananth Nagamani
(Expert) 24 April 2018
Your case is slightly tricky. The land does not lose character of ancestral property even after division between the brothers. Every ancestral property from the male descent is coparcenary property and each male born and now after amendment of 2005 to Hindu Succession Act every female born in the family is a coparcenar by birth ie to say has share in the ancestral property by birth. S. 30 of the Act provides for testamentary disposition by every Hindu. The constructed house has to be shown as improvement on land from funds not arising from the ancestral land yields to be treated as self acquired. But the land on which it stands continues to be ancestral so the self-acquired character can at best impress only on the built up area subject to the condition it is constructed totally out of self earnings devoid of any income from the ancestral land.
Explanation to S. 30 says The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a
member of a .... shall notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section.
Therefore the law gives him a statutory right to dispose the property to the extent of his interest in the ancestral property in any manner he likes.
the rule of mitakshara interest of the sons and daughters by birth will determine his share in the ancestral property he got by division 7 years ago; each has equal share; hence your brothers cannot succeed to the disposition by will by your father to the extent of his share and also any of his self acquired property/income which is his absolute property unless he blends it into the coparcenary property.
Ms.Usha Kapoor
(Expert) 24 April 2018
I sail with Krishnapur Ananth Nagamani's opinion.
R.Ramachandran
(Expert) 24 April 2018
It is all very nice to hear that the property is 4 generations old etc.
But, you have to be very specific about certain dates and the following information.
1. How your grand father got the property? - whether he purchased it? If so in which year?
2. Whether your grandfather had inherited the property? If so, in which year?
3. In which year grand father die?
