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Dinesh Kumar   29 August 2023

Hindu propery law clarification on my fathers property whether self aquired vs ancestor property.

We are 3 brothers of Hindu family from salem, Tamilnadu.

My father is aged 80 and he had 6 acres of agriculture land. It was in two different places. Due to some reason we sold 3acres of land and bought it in another place and my father registered it directly in the favor of elder brother in the year 2007. Since my father already given 3 acres to my elder brother. Remaining 3 acres he wanted to divide between two younger brothers. However my elder brother saying the earlier one was his property considering directly registered and threatening legally it is his self acquired property and demanding more from my father from the left over. But my father refused and said will be given to remaining two younger brothers.

Now I would like to know that my fathers property remaining 3 acres, The partition of our ancestral property took place between my father and his brothers after the death of my grand father with the mutual understanding of the brothers. If the property in the hands of my father after partition is considered as ancestral or self-acquired. Whether my father has full rights as per his wish? or My elder brother has still legal rights?

Sub Register is saying my fathers property is ancestor property and my elder brother is also legal heir hence stopped the gift deed registration.

Please clarify me according to Hindu law even after partition, my father's property is considered as self acquired or ancestor property? What can my father do in this case to resolve dispute? he is very tired

Thank you in advance.



 3 Replies

Atik j.pathan (Self employed )     05 September 2023

If you have proof of division then it will be your father's self acquired ,and hence he will have right to give as per his wish

1 Like

Atik j.pathan (Self employed )     20 December 2023

If you father has division document ,then he has right to dispose the land as per his wish ,but if no authentic document of division after grandfather death then it will be treated as anchestor property and hence claim of elder brother is acceptable

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