• Ancestral property

Hello sir,

My great grand father had two son, Mr.Shivji & Mr. Baidnath , Mr. Shivji remain unmarried and Mr. Baidnath had three son, first son died unmarried , 2nd son has one son (me) and third son also has one son.All three son of Mr. Baidnath died now along with Mr. Baidnath. Mr. Shivji is still live.
And our ancestral property has never been divided .
As per my understanding , i know that Mr. Baidnath propery part will be divided equally between me and my cousin brother when required but how the Property  part  of Mr. SHIVJI will be divided if required before his death and after his death.

plz suggest on below point and also also any further information concern to the same issue.
1. As Mr. shivji property is passed on him from his father which was not divided and as he has no legal heir of his own  , does me and my cousin brother have equal rights on his property??
2. Does Mr. Shivji has privilege to dispose his part of property to any of us as per his wish??
3.our ancestral property which has never been divided if we want to divide how it can be divided on part basis??
4. If Mr. Shivji do any biasing in his property share can i claim in that case, as he has more affection towards my cousin brother??

PLZ provide your detail observation on these points.

Thanks & Regards.
Asked 2 years ago in Property Law from Begusarai, Bihar
1. Mr Shivaji's share would devolve on Mr Baidnath which would be equally divided among his legal heirs.
2. Yes, he can do so.
3. All the co-sharers can execute nd register a mutual deed of aprtition. Similarly one can get decree of partition on compromise from the local civil court.
4. He can do so. However to premept such attemot, you can file parittion suit and for injunction.
Devajyoti Barman
Advocate, Kolkata
5234 Answers
54 Consultations
4.9 on 5.0
1) on Mr Shivji dying intestate  his share would devolve on his brother grand children being his only legal heirs . ( his brother Baidnath and his 3sons have predeceased shivji) 

2)Mr shivji can dispose his property as he pleases during his lifetime or make a will bequeathing his property to whom soever he so pleases

3) deed of partition can be made for division of property by metes and bounds . 

4) Mr shivji can bequeath his share in property to your cousin brother
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1)on his father demise Mr Shivji has 50%share in his father property . 

2) it is not ancestral property . 

3) Mr Shivji can make a will or bequeath his share to whom sover he pleases . the will can be revoked during his lifetime . Mr shivji can also sell gift his share of property 

4) court wont grant an injunction restraining Mr shivji from disposing his share . 

5) you can file suit for partition  for division of property by metes and bounds
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Hi,
 1. the property is not ancestral property as  an ancestral property is something  is a property which has remained undivided for four generations.
2. Mr.shivji can dispose his property as he wishes, gift /WILL/sell/release  or transfer as he likes.Only the question of legal heir comes after his death. 
3. There is no option to ask for an injunction or stay of shivji alienating his share of property.
4. However since there has been no division yet and your father has passed away you can ask for your share as your father's legal heir by filing a partition suit and once you file the partition suit you can ask for an injunction  .
 against Mr.shivji not to create any third party right in the undivided property .

5. If a partition take place now as per the court order in metes and bounds, the whole property shall be divided to two between  shivji and legal heirs of Baidnath (his children/grand children ) 
6.Mr.shivji can gift or bequeath or release his share to anyone, your cousin, as he can do it to any one as he wishes.
7. legal and equal distribution of his property can take place only if he dies intestate.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, as per the Shivji is concerned he can free to dispose of the property any way of its share however if he does not executed any will then legal heirs of the Baidanath has equal share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The property would be divided in 2 shares. As Mr.Shivji is still alive, he is entitled to 1/2 share, whereas the share of Mr.Baidnath would devolve equally on all his grand children. Any of the grand children of Mr.Baidnath can cull out his share in the property by filing a case for partition in the court. 

2. If the division takes place after the lifetime of Mr.Shivji the share of Mr.Shivji will devolve equally on all the legal heirs of Mr.Baidnath. 

3. During his lifetime, Mr.Shivji is at liberty to execute a will, gift or family settlement to devise his property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. You have in your first query stated that Mr.Shivji remained unmarried. Subsequently you have referred to yourself as the grand child of Mr.Shivji. How did he get children if he did not marry?

2. Mr.Shivji is the owner to the extent of one-half share ion the property of his deceased father. As such, no fetter can be imposed on his right to deal with his share int he manner he desires. He can sell, gift or burn his property. 

3. As regards the share of the grand children of Mr.Baidnath, they are also at liberty to file a lawsuit for partition to cull out their share in the property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. No body will have any share on the share of the property of Shivji during his lifetime,

2. On his demise, the property of Mr. Shivji will devolve upon the legal heirs of Badrinath,

3. Mr.Shivji can sell his share to anybody he likes but if it is a undevided dwelling house also being  occupied by other legal heirs, then he shall have to offer to sell his share to the said legal heirs of the property at the same rate at which he is planning to sell his share,

4. You can file a partition suit if other legal heirs are not willing to execute and register a partition deed amicably,

5. Mr. Shivji is entitled to show bias on your cousin since it is his property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. The share of the property belongs to Mr.Shivji,

2. He can bequeath it to anybody he wants to and it will not be treated as his dishonest act,

3. No body has any right to dictate him as to how should he bequeath his property or what he should he do with the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0

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