• Can my father give unequal ancestral property rights to me and my sisters

In my family: my father, myself and my 2 sisters.
My father got ready property of my grandfather after my grandfather died.
My father wants to divide this property to me and one of my sister. He does not want to give any portion to my 2nd sister. Can my father do this.
Can my 2nd sister fight & claim her right later on.
Asked 2 years ago in Property Law
Religion: Hindu

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17 Answers

Yes, as it is the anscestral property other sister is also having the same share as you all.

There are several judgements infect your father can’t gift or will for the same property at any time.

If you happen to get in this way something then if in future she files any case then you would have to repay her share out of yours holding share.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello sir , if the property is ancestrol and was inherited from your grandfather, then she can claim right in the property

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

She has a equal right as per Hindu succession act

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

See, when there is a well preserved law in regard to the same then it is very difficult to do the same.

But, still would like to help you if would get each information in detail like the amount by which property was purchased etc etc.

You can have a conversation over phone with me through Kanoon for precise answer.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Is the property an ancestral property? If yes, then the right to a share in the ancestral property comes by birth. Therefore, your 2nd sister can claim share.

If your father want to divide the property and give it to you and your first sister then for that getting the consent of other members of the family to divide or sell the property is needed.

Please note, If the property was not acquired by your great grand-father then its not an ancestral property.

If the property is not ancestral then your father can partition it to give it to you and your first sister.

Again,

If the property is ancestral then if the property is partitioned then it loose the ancestral nature and become self acquired one.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Dear,

If this property is your grandfather's self earn property, then your sister has no right

to raise a question on this transfer.

Or in second option if it is not self earned by your grandfather, then her right also arise in that property.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.

So, it has to primarily meet two conditions for the property to qualify as your ancestral property;

The property should be four generations old &

It should not have been divided or partitioned by the previous three generations.

Read above mentioned defination does property fall in this criteria than you sister will have equal share of property if not than your father by will or gift can transfer his property to you and your one sister.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1)it is not ancestral property

2) property inherited by father from your grand father is not regarded as ancestral property

3) your father can divide property between you and your sister and not give any share to 2nd sister

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

property which has remained undivided for 4 generations is ancestral property

2) inherited property is not ancestral property

3) your father can disinherit your second sister

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear Querist

Property inherited up to 4 generations of male lineage (i.e., father, grandfather, 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 is not ancestral property then your father can do the same as per his wish and will and nobody can restrain him to do that.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5767 Answers
271 Consultations

4.9 on 5.0

Your question: He does not want to give any portion to my 2nd sister. Can my father do this.

Answer: Yes he can do this. He will need to execute a Gift Deed. He can also execute a Will wherein he gives nothing your 2nd sister. It is mandatory that you get both the deed registered (whichever deed you decide to make).

Your Question: Can my 2nd sister fight & claim her right later on.

Answer: Yes she can try to claim the property by filing a suit. But that will have little merit because your deeds will drafted well, with less lacunas and registered. Therefore the authenticity of the document cannot be questioned. Your father is the whole and sole owner of the property and he can chose to do what he wants with it.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

This is the "Ancestral Property" we are talking about. So yes, your sister can fight and claim her right (on her share in this ancestral property) later on.

Kiran Kamthe
Advocate, Thane
27 Answers

4.9 on 5.0

It`s father`s personal property and father can this property to any of his choice.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

The property inherited by your father from his father is not ancestral property.

It becomes his own and absolute property.

Therefore he can decide to distribute his property to anyone in any manner and to any extent as per his desire.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

My father does not like my 2nd sister. My father does not want give anything to my 2nd sister. In what way, I and my 1st sister only can get the property. And nothing to be given to my 2nd sister. Any suggestions from your side ?.

Your sister who has been left out without any share in the property cannot claim any share in the property as a right and not at least during the lifetime of your father.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Hi,

It is better to have a gift deed from your father on the name of yours and your sister.

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

If the said ancestral property was partitioned and was father's self acquired then he can do as per his will. If not the he needs to equally divide it.

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

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