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bhumadi reddy   19 June 2020

Father's rights in ancestral property

Dear Members,
Please give your suggestions on the following real issue.

1.Father A has three sons(S1,S2,S3) and a daughter (D).
2.The Father has 7.5 acres of Land. out of this 3 acres is self acquired and 4.5 acres is ancestral property.
3.30 yrs back Father has given an amount of rs 20,000 to S1 for his personal purposes and at that time he said that, he will deduct that amount in the future while sharing the properties between the 3 sons based on land value. But there is no written agreement between them.at that time value of 1 acre is 5,000. so there is will be no property that goes to S1
4. later at present Father wants to give the property to only his two sons.
5. but S1 is also asking the equal share in the property.

my questions are :
1.does father has any right to give property only to two sons.
2. is it allowed by court if father tells that he has given his share in money 30 yrs back only and wants to give property only to two sons.
3. Does daughter has also right to ask share in ancestral property of father now.

please reply with your suggestions.

Thanking you...


Learning

 2 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : bhumadi reddy

Dear Members,Please give your suggestions on the following real issue.1.Father A has three sons(S1,S2,S3) and a daughter (D).2.The Father has 7.5 acres of Land. out of this 3 acres is self acquired and 4.5 acres is ancestral property.3.30 yrs back Father has given an amount of rs 20,000 to S1 for his personal purposes and at that time he said that, he will deduct that amount in the future while sharing the properties between the 3 sons based on land value. But there is no written agreement between them.at that time value of 1 acre is 5,000. so there is will be no property that goes to S14. later at present Father wants to give the property to only his two sons.5. but S1 is also asking the equal share in the property.my questions are : 1.does father has any right to give property only to two sons....In respect of the ancestral property of your father,all the four children are entitled to get equal share after the death of your father and your father don't have any right to deprive any of them,however,in case of the self acquired property of your father,he has the legal right to give the property to any persons of his choice.

2. is it allowed by court if father tells that he has given his share in money 30 yrs back only and wants to give property only to two sons...In respect of the ancestral property,your father can't deprive any of his four children .

 

3. Does daughter has also right to ask share in ancestral property of father now....Yes,after father's death she is entitled to claim one fourth share in the ancestral property and can file Partition Suit.Please take note thar you have not specified anything about the mother.If the mother remains alive at the time of the father's death,then the ancestral property of the father will be equally shared my four children and mother having one fifth share each.

 

please reply with your suggestions.Thanking you...

 

P. Venu (Advocate)     19 June 2020

How is that the property is ancestral?

Anyhow, the father has the absolute discretion to convey the property to anyone during his lifetime.

The earlier financial transaction with S1 need not be a deciding factor in distribution of property among coparcenors or legal heirs except when a settlement or partition deed is executed with the informed consent of all those concerned.


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