Rajeshwari (house hold) 21 March 2013

Rights over the ancestral property

Sir,

One anncestrial property of my friend's grand father is there. My friend father is old aged. My friends's Chacha i.e. father's brother with one more brother are in that house/shop. One more son of friend's grand father filled a suit in the court asking for his share of 25% (i.e. the grand father was having 4 sons).

As my friend's father and the plaintf are staying away from the property because of their job/business and old age.

The possessers (two son's) are telling that a verbal partiation is made during the life time of their father, and showing some old white paper documents telling that their father gave the property to them.

Can any body tell any white paper partition 30 years back is a valid document in the court of law. No body knows about the authenticity of the document.

Whether verbal partition is valid in the court of law, if done any thing like that?.

Please guide us in this regard. And also give sitation any from any court i.e. High court or Suprement Court.

thanking you in advance.

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 March 2013

To determine a person’s share in Hindu ancestral property, three sources of law have to be understood – 1) Old Hindu law 2) The Hindu Succession Act, 1956 and 3) Judicial decisions.

The Hindu Succession Act tinkered only with certain aspects of Hindu law and anything not touched upon by the Act is still governed by Old Hindu law, as determined by the religious texts. The Hindu school was divided mainly into the Dayabhaga school prevalent in Assam, Bengal and Punjab while the rest of India followed the Mitakshara school. Apart from this, separate rules of inheritance was followed in the West Coast, i.e., Kerala and Mangalore.

What is ancestral property ? Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

Rajeshwari (house hold) 21 March 2013

Ramachary Sir,

thank you very much for your reply.

But Sir, I got other quary also that is:

"The possessers (two son's) are telling and submitted to the court of law that a verbal partiation is made during the life time of their father, and showing some old white paper documents telling that their father gave the property to them.

Can any body tell any white paper partition 30 years back is a valid document now in the court of law. No body knows about the authenticity of the document.

Whether verbal partition is valid in the court of law, if done any thing like that?.

Please guide us in this regard. And also give sitation any from any court i.e. High court or Suprement Court."

thank you.

rakesh (FINANCE MANAGER) 26 March 2013

Pls advice, as I am in problem

My grandfather had purchased land , the funding of land and construction over same is done by my father and grand father .
My grand father had 3 sons . After construction he handed over ground floor to my father . Since 1973 we are residing there . My grandfather expired in 1973 , leaving behind grandmother and 3 sons.
The propery was never transfered to any one after his death . My father expired in 1994 and grandmother in 1999 , and one of my uncle expired in 2004 .

Now my uncle and aunt has applied for there share in Estate office to tune of 35% and 35% each and ours 30% , on ground that after death of my father the sahre again split in our family and my grandmother .The Estate office had alreday transfer 35% each to them .

We have renovated the groundfloor , and my other uncles family is getting rent for 1st floor alternative months.

pls advice is our family share is only 30% .What is provision of oral partion alraedy happened 40 yrs back and we are in possession of Ground floor and my father has incurred amount on construction .

regards