You have equal share in self acquired property standing in name of deceased father

2) however you don't have share in ancestral property as your father died before 2005

1. Since your father was not alive as on 9th September 2005, you are not eligible for equal share along with your 2 brothers in the ancestral property. However you are entitled to notional share in your father's ancestral property. In other words the share in ancestral property of your father shall be equally divided into 3 parts, i.e., one part of the share to your deceased father, and remaining 2 shares to your 2 brothers equally. Again that 1 share of your deceased father shall be equally divided amongst his children (including you). You are entitled to 1/9th share in your father's ancestral property.

2. Regarding your father's Self acquired property, irrespective of your father's date of intestate death, you are entitled to equal share along with your mother (if alive) and your 2 brothers in the ratio of 1/4 th share. In case your mother is also not alive, then you along with your 2 brothers are entitled to 1/3 rd equal share in your father's Self acquired property.

1. Can I get share in ancestral property?

Though the property acquired by you might have come from generation to generation but whether it was inherited and partitioned by his grandfather or father before it came into your father's hand.

If so, then the property lost its ancestral status or character, thereby it becomes your father's own and absolute property.

Thus you are entitled to a share as a right in it also.

Your brothers are not the authority or court or law to deny you the right to a share in your father's property, you can file a partition suit, let the court decide your entitlement.

2. Can I get share in self acquired property of my father who did not wrote any will before dying in 1987?

You are very much entitled to a share as a right out of your father's self acquired property who is reported to have died intestate.

Thanks for quick reply. What if the self acquired property of my father registered in his name in 1971 & died in 1987, has been purchased out of earnings from ancestral property. Will this property become treated as ancestral/coparcener? What legal remedy would be left for me then?

You file a partition suit claiming your rightful share in your father's property, let your brothers come out with the defence as per their own understanding of the law of the land.

The court will decide the case as per prevailing law in this regard.

if property has been purchased out of earnings from ancestral property then it would be regarded as ancestral property

2)self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc

1. On what basis you are saying that your father's Self acquired property is bought from the proceeds of the ancestral property which was sold?. Is there a narration in the Sale Deed of your father's Self acquired property regarding this matter?.

2. If there is no such written evidence proving that your father indeed bought this self acquired property out of the proceeds he got by selling his ancestral property and also, on record of the Sale Deed, it is your father's Self acquired property only.

3. On the basis of the above observation you are entitled to equal share along with your siblings in your father's Self acquired property.

1. You can file for declaration and separate possession in the competent court of the concerned jurisdiction for your separate share in your father's Self acquired property.

2. Before that you can send a legal notice to your brothers demanding your rightful share and if the response is not favourable, then follow what is stated under SL.No.1.