Smitha (self) 19 May 2012

Share for ancestral property

hi. i got married in 1999 and im the eldest of the three daughters. All my sisers are married as of now. my father has three properties.

1 - 4.5cents commercial property which is ancestral property which he got

2- a house with 7.5 cents of land which my dad bought but in my mothers name

3- a house with 20 cents of land which is in my fathers name

A month before my marriage my dad gve me property no 2 as share which was in my mothers name and was

given to me as gift. my 2nd sister got property no. 3 as her share and the third sister was given cash. at the time of marriage

i was told that i would be given a share of the property no.1 which is commercial plot which will be divided as four. However, now my father

says that he has prepared the will and the property no.1 is just to be divided between them ( dad,mom and 2

sisters) and that i dont get from that. I would like t o know how can i receive a share in that fathers ancestral

property or is that i dnt get anything as he has stated in the will

plz update me

thanx

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6 Replies

MohammedRaffiq Bijapur (Advocate) 19 May 2012

Hello Smita,

No doubt that u can ask for ur share in ancestral property (commercial property) by filing a suit for partition and separate possession.

But there are some factors to become which comes for discussion such as 1) that u have received the gift in lieu of ur share in ancestral property 2) U have given up ur right over other properties while receiving gift etc

So esure about such aspects and proceed to claim ur share.

Smitha (self) 19 May 2012

thank u mohammed and ashish for the reply. Well mohammed the property i.e no 2 which was gifted by my mother is not our ancestral property and that was bought by my mother after i was born. she just gave it to me at the time of my wedding and i havent given anything in writing to them as stating that i have received my portion of share. The property no 1 i.e commercial plot was given by my great grand mother to my grand mother and then it went to my father. That is the ancestral property i am talking about getting a share. hope im clear !!

Smitha (self) 19 May 2012

ya 1 more thing i wish to know is, since the property no 2 which my mother gifted to me, does that mean that since i get already a property as gift from my mother, then im nt entitled to get a share of the ancestral property which is my fathers ancestral property .??

Smitha (self) 20 May 2012

That was really a great reply ashish... Well i just would like to inform one more thing as the ancestral property that we are talking about here is like this... my dad has 4 brothers and this ancestral property which they received from their mother as per will has been partionied in each of their names, as a total of 5 partions including my dad.... and my dad in that partion got 4.5 cents of land... so this ancestral property is not only my dads but it also includes other brothers also...but they have been partioned as of now.with each 4.5cents.. so will that affect me in anyway when i claim for my fathers 4.5cents share ?