Share of an ancestral property to a married women

It is believed that they are all Hindu.

Confirm!

The property that is partitioned looses its ancestral character.

The property that devolves by inheritance is of nature self acquired.

In case of Hindu male: The 1st right is of ClassI legal heirs i.e. Mother (if not predeceased), Wife (if not predeceased), Sons, Daughters…………………

In case of self acquired property of Hindu Woman: The 1st right is of; Husband, sons, daughters……..

The owner ofself acquired estate can dispose it in his life time by a valid/registered deed e.g; Sale/gift……WILL.

The mutation record and all link documents, and flow chart and proof of flow of funds and propertyshould be maintained to prove that it was self acquired/earned.

Proof of source of funds is the need of hour nowadays.

Self acquired property can also be thrown into ancestral pool.

The said partition is verbal or by registered partition deed or family agreement!

As per your post: Owner was Hindu male: F1 i.e Father of F (Grandfather of your client A).

Apparently the property in the hands of F1 was self earned/acquired.

F acquired by inheritance.

The property that devolves by inheritance is of nature: self acquired.

The partition was registered.

The property that is partitioned looses its ancestral charchter.

Even self acquired property can be thrown into ancestral pool.

It shall be worth it to get copy of mutation records from beginning ( say starting from mother document e.g; Shajra-e-Aks) and all link documents and how the propeprty was being enjoyed by family (jointly or severally) and share everything with local counsel specializing in Revenue Matters.

It is altogether different field of law and very few counsels at your location must be specializing in it and such counsels are very well known.

For each case proper legal opinion based on documents and facts on record should be formed.

If the sister (S) sign as consenting witness it is additional merit.

Originally posted by : tamilinian
	Dear Expert/Seniors,   Please help me in my first case where my client needs a legal opinion from me. 'A' is my client and a male.Since he maried a poor girl against his moms will.A's mom 'M' gave(registered)  her 2 Cr property to A's sister 'S'. But A's father 'F' has a property worth 2 cr, which F is willing to give to his son A since M has already gave a property to A's sister S .F acquired that property from his father F1 who dies intestate in 1995.After F1's demise, F and his 3 other brothers divided that property mutually as 1/4 and thats how F gets this property , hence legally its considered as self acquired property or lost the character of ancestral property.Please correct me if am wrong.Now F wants to sell his 2 cr property and purchase another property worth 3 cr out of sold money plus his own fund and register in the name of A and his son.   Below are my clients questions:   1. Since A's sister S(married in 2008) too wants(because mom M doesnt want to give any property to A) share from he father F's property,if F register the new property in A's name and A's son(4 yrs old) name, will A's sister files any case against this property and get share?   2.Can  S  claim any share in the F's property saying its an ancestral property?I understood after that property is divided by F and his brothers,it has become self acquired property of F and lost ancestral property character.But I need clarification if am wrong.     3.To sell F's 2 Cr worth property, doest he needs signature from A and A's sister?

Wish you the best in your 1st assignment.