• Granddaughter's rights on grandfather's self acquired property

Hi, my father inherits his father's (deceased grand father) self acquired agricultural land in Karnataka by partition with 5 brothers. Now, my two sisters filed a suit on this property for share as my father was reluctant to partition this inherited property among us. They claim it is an ancestral property and have equal rights as per HSA-1956 amendment in 2005. But, I understood from your answers to other questions that grandson/daughter can't claim grandfather's self acquired property, though grandpa died without any will and his sons have partitioned the said property in taluk office.
am I right? My father is still alive and upset with my sister act and I stay abroad.  

Your valuable comments are greatly appreciated, thanks in advance.
Asked 2 years ago in Property Law from Singapore
1. The property came in the hand of your father through the partition deed among his brothers is not a ancestral property and can not be considered as his ancestral property.
2. in such context you father is free to bequeath or transfer the same to any person he chooses and none of his legal heirs have any say in it.
3. So the suit filed by your sisters would miserably fail, to say the least.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) under no circumstances would this property be regarded as ancestral 

2) it was your grand father self acquired property and not property he inherited from his forefathers 

3) has your grand father inherited said property from his ancestors it would be ancestral property . 

4) on your grandfather demise partition deed was made by his 5 sons . 

5) your father can dispose of his share of property as he pleases . 

6) his daughters cannot claim any share during his lifetime 

7) suit filed by daughters would be dismissed
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
with great respect to local lawyers i disagree with their opinion . it is not ancestral property .
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
Hi
1 The property in question is not an ancestral property as per your descriptions. 
2. Mitakshara school of of property rights in Hindu law is applicable to ancestral property. In this case the father is alive and he can disperse his property as he likes
3 do not see any chance. And that the present  case can not be in the daughters favour
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
A. In your case, there is no clinching proof to establish ancestral property. In order to qualify any property the test to be identified as Ancestral property it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. 

B.  In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property.The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. 

C. Your father can transfer his share to anybody without obtaining consent of the all apparent legal heirs. Hence, your sisters have no right to claim partition over the Father's property.For your more information, Property inherited by will and gift are not ancestral properties. 

D. And to add a further twist,self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. This self acquired property of your grandfather was partitioned between his sons,

2. Your father is now the absolute owner of his share of your grandfather's property,

3. He can do whatever he wishes to do legally with his said property & your sisters have no right on it,

4. The case filed by your sister has no merir and will hence fail.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. There is misconception about ancestral property amongst most of the people,

2. To be called ancestral, the right on a property should flow for 4 generations without any break or interuptions in title,

3. It means that if great grandfather's property flows from him without any partition/gift/settlement/sale etc.,then the said property will be called as an ancestral property to his great grandson,

4. In the instant case, the property is not ancestral.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Hi, the property can't be ancestral property so your sister has no right to claim the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) is deed of partition duly stamped and registered . please clarify . 

2) once partition has taken place your father would be absolute owner of 0.25 acres of land 

3) grand sons and grand daughters cannot claim any share during your father lifetime .
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
without going through document we cannot say whether it is duly stamped and registered . you can obtain certified copy of partition deed from sub registrar office and consult a local lawyer
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. It is incomprehensible to me as to on what basis you have been told this property is ancestral. By no stretch of the imagination can I as a legal mind call this proeprty ancestral in nature. 

2. If the property in question is the self acquired property of your deceased grand father, and it has been partitioned between his children after his demise, none of the grand children of the original owner can lay a claim to the property except if their father died intestate i.e without making a will. 

3. After the partition being effected between your father and his brothers your father is the absolute owner of the share he got. 

4. As such, your sisters' claim cannot be upheld on the touchstone of law.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. For  ancestral property rights to be claimed in a property it is quintessential that the property should have been originally owned by no less than 4 generations down the line i.e great grand father. 

2. The claim of ancestral property can be defeated if it can be shown that the property was partitioned after the demise of original owner. 

3. A property is given judicial recognition of ancestral character only if it flows from the 4th generation without being partitioned.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
In case your father can prove that the property originally owned by his great grand father was partitioned it cannot be termed as ancestral.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
The title deeds of the properties will throw light on whether they are ancestral or not.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. No. It is not an ancestral property since it has been partitioned,

2. To call it ancestral, there has to be free flow of title without any partition/gift/settlement etc.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
A. Kindly go through Point 'B' it is clearly mentioned, in your case property has been partitioned as rightly clinched by learned Senior Counsel Mr. K.K. Ganguly with respect to the same.

B.  It should not have been divided by the users in the joint Hindu family.

C. Mere deed was stamped, it should not treat as Registered Document, contact local advocate by tender Partition Deed.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
when self acquired property devolves to four generation without change in nature then it is called ancestral property. your sisters can't claim in it.  changes occurred in respect of daughter's share in property is that.. daughters are now able to form coparcener and and it is rule that each coparceners has  right in ancestral property. so that after september 2005 daughter has same right in property as son and also bear same responsibility as son.
when your father is alive you & your sisters can't claim their share in property. your father is the absolute owner and he has full right to alienate it at his choice. he can make will, trust or any thing. you have right to stop him to do any thing because you have vested interest in it but your right is limited. so your father is the absolute owner of that piece of land.
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0

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