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Daffodils ( )     03 February 2018

Ancestor property

Dear Learned Advocates

Myself and myexwife married lived for 1 year and she went to her home for child delivery and didnt return back. Have one son. Mediation by elders and police failed and I filed divorce in Delhi (last lived) and I got exparte decree. She is in kerala and didnt appear to the court.

My grandfather has 2 son and 2 daughter and after he expired, my father payed money (payment amount also documented) to all the 3 siblings and documented an ancestor property on his name. Now my father is bedridden.

My exwife is in discussion with her lawyer that she and/or the kid has got stake in the above mentioned property because this is ancestor property and she is in the process of filing a civil case for claiming portion of this property.

Question:

1. As per family law and civil law, does my exwife and/or the kid has got any stake in my father's ancestor's property. It is still in my father's name.

2. If so what is the best way to save the property?

 

Thank You



Learning

 4 Replies

R.Ramachandran (Advocate)     03 February 2018

Your post lacks the following important information.

1. Where is the property situated?

2. When did your grand-father die?

3. Whether the property was purchased by your grand father or he got it from his father (i.e. your great grand father)?

Only after knowing the above information, one will be in a position to provide answer to your query.

Vijay Raj Mahajan (Advocate)     03 February 2018

Most Important is the religion of the parties. If this with regard to Hindu Family than the issue of Ancestral property or Coparcenary property according to Mitakshara school of thought arrise. The members of the Hindu family who are born in the said family by birth get right and share as Coparcenar and this will include your children not your wife. The father holding the property is the Karta of the Hindu Family but the right and share of all Coparceners is preserved and cannot be denied to them and this give them right to claim their share in the common Hindu family property.

The named ancestral property if got partitioned and each of the coparcenars (other siblings of your father) got their share out of the property than the said property left with one of the coparcener (your father) becomes his self acquired property as must have happened in the present case. However after the birth of the grandchildren to your father, the same property once again took the nature of ancestral or coparcenary in nature for which the grandchildren seek their share in the same.

Vikas Hedau (Advocate)     04 February 2018

IF father is alive son cannot claim

Daffodils ( )     05 February 2018

Sir,Property inheriterd from my great grandfather. He died before I was born in 1977. Property is in Kerala.

 

 


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