Property Dispute

The agriculture property received from my grandfather by my father was divided between we four brothers & himself in the year 1969. The divided property was registered in our names and two of us brothers sold their part of property and received considerations in their name in the year 1993.

My father made a proper will and gave his portion of property to one of the brothers who served him till end. The other two brothers have no objection to the transfer of this property to him but one brother wants share from willed property of my father saying that it is still a ancestral property.

Since it is divided between five of us (four brothers and Father) father's portion of property is no more a ancestral property & he is correct in giving his entire property to one brother.

Shall be grateful for posting replies with relevent laws and cases.


Practicing Advocate

 Now the father's share is not an ancestral property at all. Once the partition has taken place between the father and the sons, then the property  in the hands of each one is as good as his self acquired property.  Once the son has got his share from the ancestral property, he cannot claim any share from the father's share as a matter of right. Yes, but if the father dies intestate, then all the sons shall be entitled to get a share as a class I heir.


Already partition took place. As per WILL Deed your father kept his share and if he alives he can give through gift deed, if dies intestate all sons are entitled for equal shares.

even though it is ancesistral property it was diveded/partitioned. so  your father is having absolute right over his share, he can transfer it by sale or gift or will etc. ,  your father brother cannot claim any right in your father share in the property.  your father is having every right to transfer his share according his wishes.


what share does son has on fathers own property

Practicing Advocate

 No share till the father is alive.. If the father dies intestate then, the son will take share as a Class-I heir.


 I am a widow . My husband died intestate. he had purchased properties, 1) In My name, 2) In joint name with mine, 3) In the name of childrens, gandchildrens.

Now which properties becomes mine absolute property?

ON which properties are to be distributed among legal heirs as of 1,2& 3 above?

On all the movable properties like bank balance, bank fixed deposits etc becomes mine property or thisis sopposed to be distributed among the legal heirs?

Kindly help me as to what i am entitled to? & Whether movable property becomes my stridhan?


My husband died intestate, He had purchased property in Joint name with me, and had nominated me in the nomination form. whether i become the absolute owner of that property? or I have to share among my sons?


property purchased by father in indivudual names of his sons, grand sons & grand daughter becomes their own properties ? , if father dies intestate.

Whether such properties are to be distributed equally among the legal heirs?


I am a widow , My husband died intestate, what movable, immovable property of my husband becomes my absolute property? Whether i can gift the same ?




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