• Share in father's self-acquired property and ancestral property

Hi 

I am a married women (married 2011) and as promised by my father i didn't get any share from Fathers Property and Ancestral Property. Very recently i came to know that my father gift deed his earning property to my brothers (2). Do i get share now in his property.
And he is not ready to give ancestral property. 

How should i handle such situations? Do need to take legal help in order to get share in both?

Thanks in advance
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) you have no share in father self acquired property

2) father can execute gift deed in favour of his son for his self acquired property

3) as far as ancestral properties are concerned you can file suit for partition to claim share in ancestral property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

if no relinquishment deed has been signed by you then you can claim your share in ancestral property. it is your statutory right therefore it cannot be curtailed by making any agreement. only you can waive your right with your free consent (signing relinquishment deed)

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi

1) In your case , as per amendment of hindu succession act in the year 1986 by Shri.N.T.Rama Rao, women in Andhra pradesh are entitled to share of ancestral property.

2) Also Supreme court has also said that Daughters are having equal right in an ancestral property subject to father being alive on September 9, 2005.

3) Now coming to self acquired property of your father, the defense you can put up before the court are

a) That the Ancestral property provided the seed capital for the father to acquire self acquired property and hence the self acquired property also acquired the nature of ancestral property and/or

b) The father under coercion, and undue influence of your brothers have executed the Gift deed in favour of the sons and / or

c) Father's health condition

4) Though points b and c might not be applicable in certain cases, it is still advised to put in to the draft of partition petition so that other side comes under pressure.

5) So, in order to stake your claim on above grounds you should file a partition suit in the CIVIL court and implead your father and brothers as other side.

6) Alternatively you can also approach the Lok adalat with pre-litigation petition and ask Lok adalat to resolve your grievance.

7) Lok adalat is preferred over CIVIL court as the process is cheaper, faster and does not break up sibling/parental relationships.

8) Also in Lok adalat, there is no mandatory court fees required to be paid where as in civil courts you need to pay 5% of value of your share of property as court fees.

9) Lok adalat is headed by District judges and lok adalat always encourages family reconciliation.

10) Lok adalat also favours women who has been excluded from their share of ancestral and self acquired properties of their parents.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You cannot claim any right in your father's own property including his inherited property.

The ancestral property what you claim may not be actually an ancestral property.

Confirm how this property becomes ancestral property and after that you can file a partition suit against your father claiming partition and your legitimate share in the property that is termed as ancestral.

Consult a local lawyer and then proceed as per his further advise on all such issues.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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