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Gowtham R   24 December 2021

property purchased from sale of ancestral property

We are hindu family. My dad having 2 wives and I'm son of 1st wife. Also he has another son through 2nd wife who is illegal. My mother never divorced my dad but he married other women due to no child. I was born after his 2nd marriage. He is having property which is purchased from money of partition of his ancestral property. Now my stepmother don't wish to give any share to us. Do i have rights to claim the property? Is it considered as self earned property when purchased from money of partition? Please advice on how to take legal action to claim my rights.


 3 Replies

Shashi Dhara   24 December 2021

You file suit for partition  and fight legally in court and take stay ,claim as ancestral property who knows what happens in court,try your best and effort.

1 Like

Aryan Raj   24 December 2021

In response to your query,

In the hands of a family member who has received a division or partition in a joint Hindu household, it becomes "self-acquired" property.

If your father's share of the ancestral property was partitioned between him and his family members, his share of the property handed to him at partition would be considered his self-acquired property. And I am afraid if he has sold that property to acquire money then you cannot claim any of it to be yours according to the Hindu Succession Act. If only your father is willing to give some of the share to you with his free will then you can claim your rights, and if your stepmother is trying to influence your father into not giving you any share then I would suggest you to take the matter to court against her and see the result.


Aryan Raj 

1 Like

Gowtham R   24 December 2021

Hi @aryan raj actually the property he has is purchased from money of his father. His father sold his agriculture land and purchased this property in my father's name. Also the money from sale of agriculture land was not equally divided to my dad's siblings. Is it still unclaimable

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