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amit kumar tewari (lecturer)     30 June 2014

Parental property

i did love marriage in 2012,from that time my father is not accepting me and my wife.recently i became father with a baby girl.then also they are not accepting,from last two three years i have not gone to my house.because in their thinking i had did a big crime in front of society.


ok iam fine with it.but now i want my share of property that is of my grand father and transfered to my father after he died,he is saying that till iam alive i will not give it to anybody,and this is my decision either i disburse it or give in charity.


 my mother is step mother with a girl,she is recentely married. from my father we are two brothers,one is elder and second my self. now my step mother also dont want to give any share to us,also she is now trying to sell the house and saying you both have nothing in this house. 


we have two house both are made by my grandmother,and 17 beegha agriculture land. now i want each and every share of my right.after sell of house where should we live.....leglay.(my brother his family,and my self) also tell me that did they have any right to stop coming home to me on behalf of love marriage.


now what should i do to get my right.

is they have any right to sell the house and all property or transfer it to third party without our sign.


in whom favor decision will come if i file a case.


and can i take stay from court over all the grandfather property and house.



 please give me right advise,plz,plz,plz,plz, 




 13 Replies

Ranee....... (NA)     30 June 2014

You have not committed any wrong marrying girl of your choice. Neither your parents can deprive you from your ancestral properties.A civil suit asking for partition of properties will work and go in your favour. Contact a local civil lawyer.

G.L.N. Prasad (Retired employee.)     30 June 2014

These litigation matters can not be settled with simple advises from the experts.  The first thing you have to do is contact an advocate, and send  legal notice to your father, describing the ancestral properties and asking for your legitimate share, and then file a simple partition suit through advocate.

Marriage of your choice etc., is not relevant.  The issue is your share on ancestral property and that is all.  Contact an advocate where the property is situated and proceed.  You can also file pre litigation conciliation after issuing legal notice through Legal Services Authority, to record your attempts for peaceful settlements within the family without entering into time/money consuming litigation.  Further, you may be having relatives elder than your father, and you may request them to convince your father of your legitimate right and for solving the matter within in family.

Out of Court (Consultant)     30 June 2014

U have a right on the ancestral property notwithstanding any thing to ur marriage of ur choice but u have to move as per appropriate procedure.....try to sort out the matter amicably first, if it not serves than serve a legal notice, even if it not yeild any result, file a suit, but before all select a good lawyer.....

Hitender Chouhan (lawyer)     30 June 2014

In your case first of all we need to understand the difference between ANCESTRAL PROPERTIES and SELF ACQUIRED PROPERTIES.

Ancestral properties are those properties which comes from a person from ancestrally thru their legal heirs without execution any documents. And on the other hands, when any property comes thru executed the documents that calls the Self Acquired Properties. 

In your case, you are already saying that your grandfather has already 'TRANSFERRED' the property to your father. If your grandfather had executed any documents before his death i.e. will, gift deed, sale deed POA etc. in your father's favor then this property will know as self acquired property of your father and no one can claim the share on this property as you father is the sole owner of the property and he can sale, gift, transfer of this property legally. 

If your grand father hadn't executed any document in you father's favor then this property is will called as Ancestral Property and you can demand you share as per the Hindu Succession Act 2005.


Cheers !!!!

amit kumar tewari (lecturer)     30 June 2014

Dear Mr. Hitendra Sir,

no paper work is executed by my grand father before he died.and actually this property is purchased by the father of my grand father.

G.L.N. Prasad (Retired employee.)     30 June 2014

Undoubtedly, the property is ancestral.  Please remember, when you are in possession of property, without getting you vacated, property can not be sold (Purchaser will not accept)

Biswanath Roy (Advocate)     30 June 2014

Send a legal notice to your father claiming your share in the ancestral properties WITH A REQUEST NOT TO ENCUMBER AND/OR TRANSFER OTHERWISE ANY PORTION OF SUCH PROPERTIES IN ANY MANNER WHATSOEVER OR WHATEVER. If your father keeps silence and does not reply to your notice then file a Partition Suit in the District Civil Court for relief. Simultaneously make paper publications in two local news papers through your Advocate addressed to all concerned not to deal with the properties those are subject matter of the pending suit. In your case. Mutual settlement has little chance because your step mother may advice your father not to bent down before the proposal for apportionment of the properties.

amit kumar tewari (lecturer)     30 June 2014


Mr.Biswanath Roy,Mr.G.L.N. Prasad for the use full advice.

so the sumarry is that first of all i have to select a good local lawyer,and send a legal notice.

amit kumar tewari (lecturer)     30 June 2014

one more fact is there which i want to share with all the respected person here,,,,,,,,,,,,,,,,,,,,,,,,,that is this property was purchased by the father of my grand father,,,,my grand father was died in early age,,,,,at that time my father's age was 3 or 4 years that means after the death of my grand father my father's grandfather was alive,,,,,,,,,at age of about 14,15 years my father takes every right of the property from my grandmother(his mother) after the death of his grandfather. 

Biswanath Roy (Advocate)     01 July 2014

Please clarify what do you mean to say by " ........my father takes every right of the property from my GRAND MOTHER..." Does it mean that your grandmother gave him POA or anything in writing ?

Hitender Chouhan (lawyer)     01 July 2014

Mr Amit, you have not put every facts of your case and due to this the opinion would be change of every experts. Now you are saying that your grandmother gave every right to your father, which means the documents are actually executed and your father became the sole owner and that property became the self acquired property of your father. If this is so, then you have no right to get any share from such property. Please ensure about the documents and consult with good lawyer with all the documents.



T. Kalaiselvan, Advocate (Advocate)     02 July 2014

Your contradicting information posted from one post to another will leave you stranded and misguided, therefore be precise in what you want and furnish proper details so that you do not get mis-leaded.

Biswanath Roy (Advocate)     02 July 2014

As to my advice you serve a legal notice to your father stating that the properties are  ancestral properties and you have a share in it . Let your father disclose in reply his authority , power and status of his inheritance which will be helpful to you to proceed further legally.

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