• Legal heirs of ancestral property

My grand father had 1 son (My Father) and 3 daughters. My grand father was having an ancestral property of 8 acres land. He transferred 2 acres of land each on name of 2 daughters i.e. total 4 acres. 3rd Daughter got married in 1982 and passed away. Further 2 acres land transferred on grand mothers name. All these transfers were done with out consent of my father. No land was transferred on my fathers name. My father was expired in 2007. Later my grand father expired in 2017 with out any will. 
Now at present only 2 acres land is there on my grand father's name. 

My questions are
1. My mother or my self can claim any property?
2. If yes? partition to be done on total 8 acres land or only 2 acres which left on Grand fathers name? 

Pl suggest.

Thanks in adavance
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

Hi , as it is a ancestrol property you can claim the legal share in the entire 8 acres .. The 8 acres shall be divided equally among your father and her sisters .. So therefore you have your share that is left of two acres ..you can transfer the property in your name as per Hindu succession act

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The moment your grandfather dealt with the said property and gifted some acres to his daughters, the property did not stay as ancestral property but inherited property of your grandfather. Your mother and all her children including yourself can now claim share of the remaining 2 acres of land standing in the name of your grandfather as the legal heir of your father who was the legal heir of your grandfather.

2. Partition shall have to be sought on the remaining 2 acres of land standing in the name of your grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1.Since the proeprty transferred was ancestral in nature your grand father can not dprive your father .

2.In other words had share in the proeprty standing in the name of your grandfather.

3.Since your father ahs dies you being his malele legal heirs can claim his due share from your aunt and grandmother.

4.For this you will have to file a suit for declaration,partition and separate possession.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

On grandfather demise his 2 acres of land would devolve on your grandmother , your 3 aunts . Your father one fifth share would devolve on your mother , you and your siblings

Partition would not be done of 8 acres

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

since your silent for more than 12 years it is difficult to claim the property of 8 acres .

obliviously you can claim 2 acres but not the entire acre .. by filing of partition you can claim

Shiva Bharathy
Advocate, Chennai
83 Answers
1 Consultation

4.0 on 5.0


Your grandfather's property being ancestral property can not be transferred to specific person ie; son or daughter, without oral or written partition arrangement or agreement. Your father was entitled for 1/4th share of said ancestral property after 9.9.2005. You as a coparcener are entitled for 1/4th of 8 Acre at least. If there was partition (which according to you has not taken place), oral or written, before 9.9.2005, your father was entitled for total land of 8 Acre ( as before 9.9.2005 daughters were not considered as coparceners in ancestral property).

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

1 you and your mother can claim property

2 two ACRES of land belongs to you and your mother only

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

You can seek partition. After your grandfather death the property will be divided amongst all living members being your grandmother, 2 living daughters and yourself. But if you want left out 2 acres of land you can try seek no objection of transfer from your aunts. If you have further questions let me know

Richa Bharadwaja
Advocate, Delhi
25 Answers

4.8 on 5.0

You have all the rights to file a case for partition.

You can file a case for entire 8 acres of land as the entire land is ancestral in nature, you may have to challenge the execution of deed under which 4 acres have been conveyed.

Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0


1. Fathers 1/5th share will devolve upon the mother.

2 Partition of just 2 acres will be done and that 2 acre also shall devolve upon the grandmother and 3 aunnts

A property ceases to be an ancestral property as soon as the same is divided and therefore only the left undivided share will be devolved.


Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Did your grandfather obtained this 8 acres of ancestral property pursuant to a division? As on the day when this 8 acres property was being distributed by your grandfather, in whose name the said property stood?

1. Yes, you can claim a share in the 2 acres property left behind by your grandfather.

2. Please answer my queries to enable me to give you a concrete response on this.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

Being ancestral property, u have equal claim in the property along with other legal heirs, and in share of ur father, u n ur mother have additional share 50% each.

2 only,

who bought the property.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Partition should be done on total Ac. 8. The sharing of property will be as follows:

The property lying on the name of your Grand Father shall be divided into 5 parts i.e. Your father, Your three aunts, and your Grand Mother equally. i.e. 48 guntas each. Since your two aunts and GM had received more than their share, their excess share of 32 guntas (each) will be taken back and allotted to the other co-sharers.

Your mother will not get any property from your GF. She can only claim the share of your father. Hence, you Immediately file partition suit before the civil court and obtain injunction order not to alienate the property until the suit completes. You can contact me for further clarification through phone consultation.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

If your grandfather transferred the remaining 6 acres of landed property to the respective beneficiaries by a registered deed, no claim agaisnt them is maintainable.

My questions are

1. My mother or my self can claim any property?

If the balance 2 acres of land is remaining intestate, your father's 1/4th share in that can be claimed by his legal heirs i.e., his wife and children.

2. If yes? partition to be done on total 8 acres land or only 2 acres which left on Grand fathers name?

Only on two acres

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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