srinathsriram (engieer) 31 July 2017

Ancestral property

My father hold a ancestral property acquired from his father,who got it from his father.the property is now rented on a commericial purpose and my father is one who receives the full rent.now he is denying to give my share or rent amount for my personal requirement.i also have a one elder sister..

Now how can i get my share from the property from my father as he is not willing for family settlement deed. ?
if i file a case for partition will the present rent that my father is receiving will be stopped .ie whether it will be deposited in court ...kindly help as i am in a teriible situation

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6 Replies

Raveena Kataria (Advocate ) 01 August 2017

As to what's within my knowledge, as the rightful heir, you can indeed file a suit for partition in the nearest district court to obtain your share of the ancestral property (i.e. 1/3 share, assuming you, your father, and your sister are the only surviving memebers.)

Advocate Ravinder (Advocate/Attorney) 01 August 2017

Since it is ancestral property, if you are Hindus, the property will be divided into three parts. One is for your father and one is for your sister and one part is for you. You can file Partition suit. You can ask the court to deposit the rents into the court. You can take your 1/3rd rent from the court on filing Interim Application before the court.

P. Venu (Advocate) 01 August 2017

From the facts stated, the property does not appear to be ancestral; you have no right or share in the property during your father's lifetime.

srinathsriram (engieer) 01 August 2017

can you kindly clarify as to why it does not come under ancestral property ?//

Raveena Kataria (Advocate ) 21 August 2017

Ancestral property is property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) Your right to a share in such property rises from the moment you are born. P Venu may be incorrect in his assumption. Nonetheless, it'd prove prudent if you get in touch with a local lawyer so he or she can assist you through the matter smoothly.

Azhagananth (Lawyer) 21 August 2017

As per section 8(a) of Hinu succession Amended Act - your father has acquired the estate of the your grand father property and it becomes his self acquired property till his death.

only, if your father dies intestate leaving the same property, you may file suit for partition.

2005 Amendment gives ample power to father.