What basis you say it is ancestral property

2) property which has remained undivided for four generations is ancestral property

3) merely because your parents inherited property does not make it ancestral property

4) you have no share during parents lifetime

For ancestral property you can file a suit.for partition of your share of property. Also on demise of your parents their share of ancestral property will come down to you.

Also You are a legal heirs and your parents cannot sale the ancestral property without your consent.

Son has sahre by birth in the coparcenary Mitakshara family of his father.

he has no sahre by birth in the proeprty of mother.

So if any proeprty ahs been inherited by your father you can claim your share but you have to right to claim any share in the proeprty held by your mother.

Hi

Yes you are eligible to receive your share of property.

File a partition deed for that.

Thank you

Once ancestral property is partitioned and given to your parents name it becomes self acquired property you won't have a share in property and your parents can divide or gift it to anyone as they want. What you can challenge is that the partition that was done is improper. Let us know was partition done by your grand parents or through court.

Yes as ur only legal heir of ur parents

The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th September, 2005.

Ancestral property--A person who inherited property rights from father, grand father and great grandfather ,that property called ancestral.

Hence,as per law you have right in the property of your parents.

You should send a notice for your share in the property to your parent , if not get response , then you should file a suit for partition for getting your share from the court of law.

You can file a suit for partition if the property is family property. If it is self acquired property of your parents, you cannot file a suit for partition.

Yes, as per the latest SC judgment even the married daughter can also claim her right in the property.

Approach the civi court and file a suit for partition.

Yes you can get your share. You have right over your ancestral Property. First try to communicate with your parents and decide the issue mutually. If not you need to approach court for your share.

As per Hindu Succession Act, the property will come on your name after your father

Hindu Succession Act

Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier females were excluded, however this rule of exclusion of females has been done away with.

The law of intestate succession is concerned with matters as to who are the Heirs, what are the rules of preference among the various relations, in what manner is the property distributed in case there is more than one heir and so on.

Intestate succession - A person who dies without making a will is known as intestate. An heir is a person entitled to inherit property after the death of the intestate

The Hindu Succession Act applies to the whole of India except the State of Jammu and Kashmir.

The Act applies to all Hindus, Buddhists, Jainas, Sikhs and to any other person who is not a Muslim Christian, Parsi or Jew.

Special marriage act

If a Hindu marries a non-Hindu under the Special Marriage Act, he shall be severed from the undivided family. However if two persons who are Hindus get married under the Special Marriage Act no such severance takes place.

If a Hindu marries a non-Hindu under the Special Marriage Act succession to the property of such person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act. However if two persons who are Hindus get married under the Special Marriage Act the above provision does not apply and they are governed by the Hindu Succession Act.

Below are the Class Ist Heirs (Class I heirs have equal rights in the ancestral property.)

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

You have no share in parents self acquired property

In ancestral property you can file suit for partition for division of property by metes and bounds

Take search in sub registrar office where properties are located . Obtain copy of sale deeds for purchase of property

1) Ancestral property means from your fathers side family tree 4th generation yours great grand mother is called ancestral property.

2) for mother & father's property is called your parental property.

3) Any how you have full and all rights on both the properties. If you fear to contact your parents we will contact and make an arrangement to insert your name as nominee on all properties. do call via consultation call for further talk.

You father can alienate the properties that are self earned meaning there by he has right to sell them or gift them.

Ancestral properties are those your father received from your grand parents.

Properties of hindu women are always her sole right, so the property received by your mother acquired or self earned can be disopsed by her will.

You have right to file.for partition in your father's ancestral property and get share.

Also if none of your parents property is alienated.in their life time (self earned and mothers property) you are sole legal heir for that after.their demise.

You can look for property records in subregistrars office to know if they are inherited or purchased by your father. local lawyer will help you to get the search report of land records.

1. On what basis do you call the property ancestral? If it is ancestral in the hands of your father then it need not necessarily be ancestral in your hands too.

2. Unless the property was originally purchased by the fourth lineal descendant i.e great grandfather and remains undivided for four generations it does not attain ancestral character.

3. During the lifetime of your parents you have no share in their self acquired, separate or ancestral properties.

You being the only child, are liable to inherit all the acquired properties of your parents, in case they leave for heavenly abode without executing a will.

Any ancestral property which has been partitioned, and part of it has already devolved upon your parents and as on day stands on their name, is also an acquired property and you have a right to inherit the same.

You have a right to inherit all the all acquired properties of your parents.

No, actually it is the father’s anscestral property in which daughter can claim as a Coparcener, but not in the case of mother.

But, again yes, she can claim under succession act from the self purchased ropertyof both mother and father.

Dear Querist

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

if the property comes under the above rules of law then you may claim the share otherwise not.

Feel Free to Call

1. IF you are the ONLY Child and Legal Heir of your Parent, THEN the parents property would come to you, by legal default, AFTER their demise, subject to them dying intestate.

2. Socially & Morally, IF you are the ONLY Child, THEN "patch up" n take atleast basic care of the parents, who would by emotional default, write a will of their properties, in your favor, sometime in future.

Keep Smiling .... Hemant Agarwal

If the property is handed over to through 3 generation it can be called ancestral property.

you can not claim any right over the property purchased by your parents till they are alive.

In such case, the year of disposition is important as per the succession law. Your mother like you will have absolute right over the property and she is free to alienate if it has been transferred to her through a registered instrument.

Unless, the history of the transaction is known it will be difficult to adivse.

For example

Year of purchase transferred by to whom Registered Possession from

1987 Grandfather his daughter Yes through gift deed 1987 onwards

such detailed data will help to offer an advise.

Please go through recital of documents where it will be clearly mentioned how they got property through someone from your family by way of sale or partition.

Hi, you can claim a share in the ancestrol property by filing a civil suit for declaration in court

Now Is it possible to get my share of property from my parents? Its ancestral property and it's got transferred to my parent's name now.Please guide me the procedure.Thanks.

You will have to file a partition suit in order to claim your share in the ancestral property.

Note that you do not have any right in the self acquired property of the parents.

An ancestral property is one which remains undivided for four generations.

You can just make a claim on the said property.

Regards

You can check the present title deeds of your parents. Physical verification of those documents are required; so it is better to take those to a Lawyer near your place.

Now Is it possible to get my share of property from my parents? Its ancestral property and it's got transferred to my parent's name now.Please guide me the procedure.Thanks.

You cannot legally claim any share in the property that is in the name of your father or mother during their lifetime.

Your grandfather's property has been inherited by your father.

It is his own and absolute property and not ancestral property.

Hence you are not entitled to any share in the property as a right.

Hence you may aproach them and maintain cordial relationship with them so that they may gift the property to you in future.

How to find whether it's ancestral or not As my mother has purchased some land according to documents, and she has some ancestral property as mentioned in documents.

The properties inherited by your mother from her father or ancestral properties, shall become her own property and the nature of ancestral property will extinguish immediately after the same has been transferred to her name.

Therefore you cannot claim any share in the property as a right and not at least during your mother's lifetime.

Even my father has the properties like purchased and ancestral according to documents.

In which properties I have my right as one the lawyer mentioned above, daughter can claim mothers property of any share.

It is a misconception or a misleading advice.

You can the rights for a legitimate share only after your mother's lifetime provided her death was intestate.