Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Eswar B (Owner)     06 October 2014

Property share

My parents are enjoying income of 30 acres passed by my ancestors (grand parents). I have 2 sisters and we are all married. Due to bad relation, I want to get separated. What is my right and share out of 30 acres? 



Learning

 9 Replies

K.K.Ganguly (Advocate)     06 October 2014

1. If the said property has been self acquired by your grandfather which has been inherited by your father, then he is the valid title holder of the said property,

2. It is not called ancestral property and you have no claim on it,

 

3. To be called an ancestral property, it is required to be owned by your great grandfather without transferring any part thereof through any gift deed/settlementdeed/will/sale stc. 

1 Like

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

I agree with K.K.Ganguly Sir.

Advocate Ravinder (Advocate/Attorney)     06 October 2014

I slightly disagree with the view of Ganguly sir.  Even the grand father property is ancestral in the hands of your father and yourself, on the death of grand father (dying intestate). The property which is not self acquired and fallen on him through ancestors is ancestral property.

On the death of your grand father (intestate), the property will devolved upon your father, yourself and your two sisters equally. You can file a partition suit for claiming your rights including deposit of rents and ancillary incomes derived from the properties into the court pending disposal of the main partition suit. 

1 Like

K.K.Ganguly (Advocate)     06 October 2014

A property will be called ancestral legally, there has to be 4 generation uninterupted flow of the said property without any transfer through Partition Deed/Gift Deed/Settlement Deed/Will/Sale Deed etc.,

B.T. RAVI (LEGAL MANAGER)     07 October 2014

I agree with Mr. Ravindra P

T. Kalaiselvan, Advocate (Advocate)     11 October 2014

In my opinion, learned Mr. Ravindran has not gone through the related law books properly hence he seems to be confused with the meaning of ancestral property.  Mr. Ganguly is absolutely right that as per the version of the querist, the property does not seems to be ancestral in nature.  It is not clear whether the property was self acquired of inherited by her grandfather, hence it is presumed that it is self acquired property of the grandfather which cannot be construed as ancestral property in the hands of the querist's father or the querist herself.

B.T. RAVI (LEGAL MANAGER)     11 October 2014

A. self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

B. On the other hand,ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand father, which then passes  undivided down the next three generations up to the present generation of great grand son/daughter. In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita

sankardas chatsant (owner)     19 October 2014

Grand father's property which he received as per registered partition deed... Hindu family.

This grandfather's property is partitioned (registered  deed ) among all of his 4 sons in 1957. No mention of daughters in the deed. There are two daughters.

1. Can heirs of the these daughters file a suit to cancel this partition. Are they not eligible for share in property of their father.

2.  Two sons hold their property jointly. one joint holder (unmarried) died 50 years ago. this property is enjoyed by the family of sole joint holder son's family.  Can these heirs of sisters claim share in in that property?

K.K.Ganguly (Advocate)     19 October 2014

The partition was done in the year 1957 i,e, 57 years ago. The matter has already become time barred.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register