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kiran (accountant)     15 November 2011

Is this considered ancestral property

hello

My grandfather had a residential land which he acquired ancestrally.My grandfather has 2 sons,so he decided to sell the mentioned property and divide the money eqally among the 3 ,one for my grandfatherr and other 2 between his 2 sons(my father and uncle).

My father who recieved the money,chose to build a building on a property which was self acquired  by my father through his earnings.Now my father is living with my brother and my father wants to gift the mentioned property to my brother.The rest of the money is again not accountable,i was told my father used it.

I feel cheated as technically the property was self acquired by my father but building was built through ancestral money for which i have proof.Can we consider my fathers property as ancestral in any ways,do i have claim on the proerty?

Please guide me.



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 3 Replies

Advocate Vishnu (Advocate)     15 November 2011

Dear Kiran

you can file a partition suit by proving that the money used to build the house is of ancestral nature.technically you have 1/3rd share in the ancestral money your father received .

kiran (accountant)     15 November 2011

Dear vish thankyou.

Does this mean i am only entitled to the money used for construction or i am entitled a share in the property.

  Please guide me before initiating any legal options as this would be a costly affair to me.

                   I do not want to proceed if i am not entitled anything from the property as my brother is smart and he will say building has depreciated.

Thank you.
 

Krish Narayan (Advocate)     15 November 2011

Dear Mr. Kiran,

In your problem, talk to your father thro' elders of the family and resolve the dispute amicably.

Proff in your case is very difficult one.

Your father may say that it was not purchased out of the money so received.

Therefore think and don't get indulged in unnecessary vexatious litigations against your father and brother.

Best wishes


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