Shivakumar B S 04 June 2018
Kumar Doab (FIN) 04 June 2018
Your brother has married after death of your father?
Your brother is alive?
Ancestral Property; Property that is four generation old ………in other words 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.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
Apparently the property as mentioned by you is not Ancestral.
Has your own very able senior LOCAL counsel (s) of unshakable repute and integrity specializing in Testamentary/succession/civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…that has examined all facts/inputs/property related docs opined that property is ancestral?
If you have already approached such counsel then your counsel must have answered your query as well.
What is your counsel’s opinion?
Kumar Doab (FIN) 04 June 2018
You may go thru;
Old threads, Articles on similar query by search option
e.g;
https://www.lawyersclubindia.com/forum/Succession-99277.asp
and
Central Government Act
The Hindu Succession Act, 1956;2(1)(a) (c), 26,28
Kumar Doab (FIN) 04 June 2018
Judgments:
Madras High Court
E. Ramesh And Anr. vs P. Rajini And 2 Ors
https://www.indiankanoon.org/doc/346973/
Kumar Doab (FIN) 04 June 2018
and
Andhra High Court
Shabana Khan vs D.B. Sulochana And Ors. on 24 September, 2007
Equivalent citations: 2008 (2) ALD 818
Author: G B Prasad
Bench: B P Rao, G B Prasad
Kumar Doab (FIN) 04 June 2018
and recently
Bombay High Court
Balchand Jairamdas Lalwani vs Nazneen Khalid Qureshi on 6 March, 2018
Bench: Mridula Bhatkar
Kumar Doab (FIN) 04 June 2018
The disinheritance if at all, is for children of convert and not convert.
Hindu converted to other religion is not disqualified to claim parent’s property.
So the (deceased) brother gets share from property that devolved upon your father from his father.
Thus if the property that was in name of your father (self earned/acquired by inheritance) passed on to the brother (now deceased) also.
Shivakumar B S 04 June 2018
Shivakumar B S 04 June 2018