malathi (J) 29 March 2011

Ancestral property rights?

Hello everyone,

I am malathi from chennai. I have three brothers and my father is alive - 86 years old . My father got property from his father – my grandfather – in 1973. There are no will regarding this property, but he received his share in a partition settlement between him and his only sister. Before 2004 , my father transferred some of the properties to my brothers name. Currently, my brothers are not interested in giving any share to me. So i would like to know my legal rights.

1. My brother sold some property before 2005, Can I able to sue them now ?

2. My brother still keeps some property, but all these properties are ancestral property. Can I able to get share in that one ?

Thanks

Malathi.

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4 Replies

Y V Vishweshwar Rao (Advocate ) 29 March 2011

The Properties which are ancestral Joint properties availabel for partition in /2004 /2005- you will get your Share !

1 Like

malathi (J) 30 March 2011

Thank you very much Mr.Vishweshwar Rao. Now I understand that

1. If ancestral property sold before 2005, then I can't claim any rights.

2. After 2005, even though ancestral property changed to my brother's name (before 2004), I can still claim my share.

Am I correct sir?

If I can prove that my brothers sold the ancestral property before 2005 and invested in another land, can I able to claim some share in that new land (by providing ample amount of evidence that ancestral property converted into new land) ?

Thanks

Malathi.