LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohan Patil (Research)     01 March 2010

Ancestral Property division

My father and mother both expired. Our ancestral agricultural property is in my mother’s name and house property is in my father’s name.  There are six legal heirs, 2 sons and 4 sisters. My parents have spent lot of money on my sister’s marriage and also given dowry. After marriage also my sisters have taken a lot from our house. On my brother also my parents have spent a lot of money for education and his settlement. They have not spent much on me because I am the youngest and nothing is left to spend on me. My father expired and my mother struggled hard to educate me. My brother’s and sisters have not helped me. I am working and away from my ancestor’s property. My brother is eating all the benefits of our property. He is not giving anything to me. I want to go for a legal partition. Now my question is whether only the house and agricultural property is divided or the money spent to sisters and brothers in the form of marriage expenses etc is also taken into account. Because their marriage took place more than 30 years back and approximate amount spent was more than Rs 20000 equivalent to 4 acres of land in those time. There share in property is less than 4 acres today although the cost of property has gone up.


 5 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     01 March 2010

Dear Mohan,

You can Proceed for the "Partition" of "Properties" left by your deceased parents "ONLY". 

Neither you can ask an extra  "SHARE" agaisnt the amounts "SPENT" by your parents for "Daughter" and "Brother" for their education and marriage. 

 Nor you can Pray with the court for "Lesser" share to them as amounts were spent by your parents on them more than you.

Mohan Patil (Research)     02 March 2010

Thank you sir for your reply. There is also a component that is not spent by my parents on my brother and sister. When my mother died I was out of station and no body informed me when she was treminaly ill. After her death only they informed me. My sisters took all the money and gold from my mother. They told my mother that a surgical operation has to be conducted on her and withdrawn money from her account but no doctor advised any such operation not they have shown her to big hospital. My brother is eating all the property without giving anything to me. Is there any possibility of claiming more.

Umesh Bhatt (advocate)     02 March 2010

Hi according to The Hindu Succession Act 1956 Sec. 8 (a) Now u are the owner of the said portion of the said property. but u can not demand's for expenses which ur father and mother have done.

Rani mangal (Secretary)     08 March 2010

If a person dies leaving behind an imovable property in his name. The family members are his wife, three sons and two daughters. Property situated in INdore. Now after death of owner whether the property will be given alone to his wife or will be divided among wife, three sons and two daughters. What will happen if wifw also dies before division of the property.

If all parties enter into family arrangement by divididing unequal share whether this division will be a legal division.

Ray Thomas (manager)     16 April 2010

after the death of my father my elder brother has been staying at my parents house with my mother. he has rebuilt the house on the plot and has been living there for past 10 years. i have three other sisters who does not want the division on the account that they where paid dowry  by my father before his death. please advice on how the division of the property and the house will take place

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register