• Defintion of ancestral property vs self acquired

My grandfather had some property (not sure how much of it was self acquired and how much was ancestral) - 24 acres of land and some plots and houses. He expired in 2001. My two maternal uncles and son of another till 18 acres of that land. I see that the title of the land is in their names.Ditto plots and houses[ My mother does not remember signing any document towards the same.]. Another 6 acres land remains in the name of my late grandfather and was in the possession of my grand mother.My younger maternal uncle was tilling the land on her behalf. My grandmother expired in May 2017. Now we see that grand son of one my maternal uncle has staked his claim to the 6 acre of land with support from my elder maternal uncle. He has tried to till the land when my younger maternal uncle was away.

	Here are my questions as to how do we prevent changes to the status quo :

	1. Can my mother give a complaint to the Police about encroachment and attempt to change the status quo ? And also request to maintain the status quo until matter is resolved ?

	2. Police generally reject complaint saying this is civil matter . How do we handle that ?

	3. Does my mother have sufficient grounds for filing complaint ?

	Other questions:

	1. What is the basis for a property to be termed as self-acquired vs ancestral ? 

	2. One of my uncles' has acquired considerable farm land and it seems that he acquired that land when my grand father was alive. My grand father had put capital and initiated my uncle into business. So it's fairly accurate to say that the farm land was acquired by the income from the business.

	Are there grounds for my mother to claim stake to that property ? What are the documents required to make our case ?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1) your grand father owned 24 acres of land

2) your mother share in * acres of land

3) she can file suit for partition for division of land by metes and bounds

3) elder maternal son can till land as his father has share in 8 acres of land

4) ancestral property is property which has remained undivided for 4 generations

5)your mother can claim share in land acquired by uncle from funds contributed by grand father

6) take search in sub registrar office . obtain copy of title deeds of property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Police wont interfere this is civil matter, until there is any illegal tress pass or criminal act. See Land of grand father is not properly partitioned, if there is no will no family settlement the property shall be divided between your father(Since father is no more you and your mother shall receive the share) and his brothers since grand mother is no more so the total property of Grand mother shall also equally divided same way.

File a suit of Partition of grandfather total property land houses by meats and bonds and seek interim injunction on maintaining status quo and injunction on transferring the property,

If there is no will gift it does not matter property is ancestral or self acquired or ancestral in both you shall have the share.

Self acquired is self purchased property or inherited after partition and 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 you have to find the title the property obtain certified copies from the revenue registrar office(documents) and if property in past was in name of grand father no gift will made file a partition suit promptly and take interim injunction from the civil court,

You and your mother both have claim on share of father you need document of properties along with your identity proof father death certificate father id.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Police cannot interfere in civil matters. However if there is any likelihood of physical violence when your grandmother visits the land in dispute, then you can seek the help of Police Department.

2. Since it is a civil matter Police may reject the complaint. But the complainant has to apprise the Police of the likelihood of violence which may breakout during your grandmother's visit to the disputed land.

3. Your mother can approach the civil court against her siblings for declaration, partition and separate possession of her share in the property provided your grand parents have died intestate (without executing a WILL).

4. A property is said to be a self acquired property, if the property is earned by the individual out of his own funds he should have acquired whereas a property is said to be ancestral of a paternal one from great grandfather to great grandchildren and has traversed for 4 generations without any partition.

5. There has to be record of your grandfather's investments to prove that one of your uncles' had indeed acquired farm land out of your grandfather's investments.

6. There are sufficient grounds for your mother to stake claim on the property as she has equal share along with her siblings.

7. Documents required are Family Tree, Land documents, Katha certificate, etc.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Dear Client,

After father`s death your mother along with maternal uncle and her mother is equal share holder in property. And grand mother share will devolve in your mother and uncles.

It`s a civil matter, better file partition suit of entire land. Court will grant status quo.

Land is ancestral if purchased by Great Grand father than Great Grand son have coparcenary right in the property.

Property documents and legal heir certificate or father - daughter proof.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. As this is a property dispute, police will be reluctant to intervene.

2 & 3 Negative

Other questions:

1. To answer precisely in your case, even if your GF has self acquired properties, it has to be established that it has been acquired out of his own income independent of ancestral property income. Ancestral property should be of 3 generations F-FF-FFF.

2. Again, if the ancestral property income has gone into the hotchpot, then the self-acquired property may be deemed to be ancestral property.

As per law, if the property is not divided through alienation or disposition in any form before 20/12/2004, then, your mother can stake a claim in the properties.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Yes your mother and can give a complaint because this is inherited property and your mother has right to protect it from any kind of encroachment. A person cannot get any right in the property only on the basis of tilling the land from long time.However in your case your younger maternal uncle is a licensee therefore he cannot claim any right therein.If you want to dispossess your younger maternal uncle then you have to file civil suit but if you think that any dispute is likely to arise in respect of the land then you can file a complaint before the sub divisional magistrate under section 145 of the code of criminal procedure. Then the status quo will be maintained by order of the magistrate till the resolving of disputes

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Your mother has a right to her legitimate share in the property that were left behind by her deceased father, she can file a partition suit and claim separate possession of her share in the property. In the same suit she may file an application seeking to restrain all the defendants from alienating or encumbering or doing any transaction against the properties till the disposal of suit.

2. Police may not entertain any complaint regarding civil dispute.

3. There is no criminal complaint maintainable in this civil dispute.

1. You first ascertain if there is any ancestral property in it, bcause the inherited property by your grandfather also becomes his own and absolute property hence there is no question of ancestral property.

2. If the said property was acquired on his name, then it becomes your uncle's own and absolute property, and may not be included in the property left behind by your deceased grandfather.

3.Your mother being one of the legal heirs to your deceased grandfather, has a right to her legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Sir

Your mother will get her share. It is only self acquired property of your grand father. Since he died without a Will as such your mother entitled for equal share.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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