ssssssssssssss (LE) 19 April 2012

Ancestoral property share

My husband's ancestoral property is in his name. My husband has spent around 10 - 15 lakhs for settling his father's debts and his own sister's education and monthly expenses for his family. Now his sister want to claim her share in the ancestoral property. Is there any way to prevent her from claiming her share?

If at all there is no option, As per the law, is that she should also share the father's debts?

Also, does my daughter (minor now) have share in the property as it is the ancestoral property?

if we have decided to partition the property does my father in law gets a share?

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 April 2012

Dear Ms.Sindhu,

1. If the property is ancestral - your brother alongwith his sisters/father-in-law all have equal shares, but since the property is held exclusively in your husband's name I would advise you not to claim it as ancestral - since it is in your shuband's name the presumption is of self acquired property - let others impress it with the character of jt. family property.

2. Daughters (your husband's sis) have equal rights and obligations as coparcenors - if at all they suceed in claiming property as ancestral your brother can claim the debts paid off - the share that his sister was obligated to contribue by rendition of accounts.

3. Your children share equally within your husband's share of propertyt.

Feel free to talk~

ssssssssssssss (LE) 20 April 2012

Hi Bharath,

Thanks for the response and details. But then i dont understand the following points. Please bare with me and clarify the below.

you mentioned :

since it is in your shuband's name the presumption is of self acquired property - let others impress it with the character of jt. family property.

I dont understand how i can show off the ancestoral property as self acquired property or family property which is in my husband's name now? we dont have any proof saying we have purchased that.

Is it possible to create a will so that i can avoid my husband's sister getting a share? And if so, who need to create the will (as the property is in my husband's name)?

Also, my daughter (who is minor now) have equal shares?

My husband's father and mother are ready to sign in notary public document saying my husband managed the family for the past 10 ten years and settled all the debts so there is no rights for my husband's sister in the property. If i get such a notary public signed from them, will it be helpful for me?

Thanks in Advance,

Sindhu.......

Rao (retd) 21 April 2012

AS per the 1935 registered will, our peternal grandfather, TWO acres of land had been given to our childless widowed Aunt(daughter of our grand father) on limited estate basis,with a condition that the land has to be reverted to our family after her death.Our father expired in 2003 and our aunt expired in 2010.We are three sons and five daughters to our father and the marriages of the first four daughters were performed prior to 1986.We belong to AndhraPradesh.

Please clarify about sharing of the TWO acres of land reverted back to our family consequent on the death of our aunt as per the proviso to Sec 6;sec 14(2) and Sec 29(A) of the Hindu Succession Act1956 and other relavent acts if any applicable.

It is important for me to know. Please respond.

Ravindra Bharathi (Consultant) 21 April 2012

Hi Mr.Bharath,

My Mother has got a property inherited from my grand mother ( Grand mother is not alive & My Father also not alive). We are 2 sons & 3 daughters. Request a clarification whether my Mother can give the property share to only sons only or it has to be shared equally with 3 daughers & 2 sons both during her life time or after her life time. My sisters are seeking equal share now but Mother wants to give to sons only. Please advise.

Thanks & Regards,

Bharathi