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Shruti   19 February 2022

How to claim ancestral property

My grandfather died without writing a Will. It was all self acquired property of my grandfather. My father and uncle are his two legal heirs. They have not yet begun the procedure of partition suit for farms and house. Do I have any claim on this property, either before or after my father files for partition suit? Because it is not my father's self acquired property. Can my father write a Will on this inherited property or do I and my brother have equal claim on it because it is not his "earned" property? What are my options if my father just gifts his share of grandfather's property to my brother?



Learning

 5 Replies

Isaac Gabriel (Advocate)     19 February 2022

yourself and yr brother are entitled equal share of the portion of your father.

Mayur Shrestha   19 February 2022

Dear querist,

(1)    Firstly, under the Hindu Succession Act in the year 2005 which sought for providing equal rights to the daughters in the father’s property as that of the son, earlier only unmarried daughters had the right to obtain the property of their father’s after their death but after the amendment into the succession act, a daughter whether married or not has been given a right of inheritance in her father’s property.

(2)    The concerned Amendment states that the daughter born on, before, or after 2005 shall have the same rights in the father’s ancestral property as well as the Self-Acquired as that of the son.

(3)   The Hindu Succession Act groups the female heirs under Class I of the Schedule, and all the heirs mentioned under this schedule inherit the property of intestate fathers simultaneously.

(4)   Secondly, the ancestral property cannot be in any circumstances be sold to any third party as it is not earned by your father, and in accordance with the Succession Act you and your brother are the legal heirs of your grandfather’s property thus you have an equal share of the same, being Class -1 heirs.

(5)   Thirdly, if your father favors your brother and writes transfers the contended property fully to your brother, then you can institute a civil suit for cancellation of the said document and simultaneously a suit for a temporary injunction so that the sale or transfer of the property again could be prohibited biding you enough time to claim your rightful share on the contended property.

Also U/s 6 of the Hindu Succession Act, 1956 has provisions for coparcener’s right to in the HUF property, and simultaneously daughter can claim all the rights attached with the coparcenary rights.

 

Hope it helps. 
 

Advocate Bhartesh goyal (advocate)     20 February 2022

Your grand father's  self acquired properties are not ancestral properties so you and your brother have no any right over it during the lifetime of your father and uncle.your grand father died intestate so property rights devolve to his legal heir I.e.your father and uncle and during their lifetime  you can not claim any share or file partition suit.After partition of properties of your grand father,your father and uncle will become absolute owners of their respective shares and they will have right to transfer the properties to anyone as per their wish and you have no right to make objections.

Shruti   20 February 2022

Bhartesh sir, In Mangamal @ Thulasi And Anr. vs T.B.Raju And Ors. on 19 April, 2018 SCI said that it is ancestral property. So for my father also, property inherited from grandfather is ancestral.

Advocate Bhartesh goyal (advocate)     21 February 2022

it is settled position of law thal property inherited from forefathers up to four generations is called ancestral property.


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