• Siblings shares in ancestral property before death of father

I have three brothers and one sister, all married. I am 55 years old employed in PSU and eldest in siblings and live with my family in Lucknow in house owned by me. My only sister (4th in siblings) is also employed and lives in Varanasi. My father,75 is a retired pensioner and lives in neighborhood of my sister in a house owned by my mother, 75 along with my one unemployed brother, 45 (3rd in siblings). The above house, 25-year-old was constructed by my mother with contribution from me and my 3rd brother. Other two brothers (2nd & 5th in Siblings) are employed and live in other cities. My father is crippled physically due to brain hemorrhage 2-3 years back and moves only on wheel chair. He is incoherent and unable to sign on papers. He is mostly dependent on my mother, who is in sound health, for daily needs. 
We have ancestral property (agriculture 5 Hect. and house) in a village in Mau District in UP. My father has only one brother and their name were added in revenue records of the ancestral property after death of my grandfather. My uncle also a retired pensioner lives in the village on ancestral property and looks after the property with the help of his son. His another son and daughters are married, but do not live with him. The property is undivided between my father & uncle, but both are willing to divide it in near future.
Recently, my father and uncle got huge compensation from NHAI (RS. 1.7 Cr each) for ancestral land acquired by NHAI for construction of National Highway. However, my mother does not want to give any portion of compensation to me. She gave only meager amount to my unemployed 3rd brother who lives with them. Since I am well off, I have committed my share in property to my unemployed 3rd brother to secure future of him and his family in destitute.
Now, I have apprehension that my married sister with her lawyer husband are completed in hold of our parents, particularly my mother, mentally and physically with intent to grab land compensation amount, share of my father in ancestral property and total share in self-acquired house of my mother. My query is following: -
1)	Can I get my name entered in revenue records to get my share in ancestral property in future land compensation or sell before death of my father?
2)	Can I demand my share in compensation amount of Rs 1.7 Cr already received by my father in his bank account from NHAI against acquisition of ancestral land from my father? 
3)	Can I legally stop my father to sell ancestral property to prevent transfer of my share in ancestral property by inheritance to somebody else after his death? 
4)	Is there any way I can prevent my mother to sell or transfer by way of will of self-acquired house constructed with funds given by me and my unemployed brother?
5)	Can I prevent my father to do any transaction of ancestral property by way of will or sell because his poor mental & physical condition?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

21 Answers

You can demand share in compensation amount received on acquisition of ancestral property 

 

2) you can seek injunction restraining sale of ancestral property by father 

 

3) your father is not mentally fit and cannot execute any will 

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Let me clarify one thing that as per the Hindu Succession Act, the ancestral property means  a property should have come from 4th generation  to the present generation . The property acquired by great grandfather which has been passed down from generation to generation up to the present generation without being divided or partitioned. It  has two primarily conditions to classify the property as ancestral property;

1, 2, 3 & 5 : The property should be four generations old . 2. It should not have been divided or partitioned by the previous three generations.

If the above said said property fallen under the category of  ancestral property then you can seek partition by filing a partition suit and also can seek injunction to restrain them to sell the ancestral property.

In case, if the property mentioned by you was a self acquired of your grand father then after his life time his legal heirs would get right as per the Hindu Succession Act 1956. It means your father and his brother would have an absolute right over the property and it will  be treated as their individual property. Being a grand son you cannot claim share on your father's individual property and can settle the property in favour of any one in his life time. If he has not settled the property or sale the property then after his life time you will get equal share along with your mother, brothers and sister.

In the above said circumstances you cannot prevent your father from making a WILL or settlement.

4. If the said property was purchased by the contribution made you, then you can seek share on the property stands in your mother name. But legally you have to prove that the contribution made by you. otherwise being a title holder your mother can settle or sale the property in favour of any one as per her wishes.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

1. Yes

2. Yes you can demand the same through notice.

3. Yes you can the injunction from court for not selling the same.

4. If you can prove that it's your money by filing suit then you can do do.

5. Yes you can take order from the court.

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

In ancestral property all successor have right to claim in compensation. 

You can approach Nhai concern authority and represent your matter in details and seek injunction restraining sale of property .

You can also file partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Yes it is possible only when your brother relinquishes his share that he has acquired from you in your favour then you can get the property transferred in your name

2. Yes you can demand your hair in the property transferred to NHAI on the basis of the ownership of the property please note that a child in the family becomes the coparcener in the property of the family since the day he comes in the womb of his mother

3. Yes you can start your father for selling the property without your consent as you are also the coparcenary property your father cancel only the property which he acquired from his own income you cannot sell any ancestral property without the consent of other coparceners you have to file an injunction suit in this regard to hold your father to sell any property without the consent of other coparceners

4. Only in case you can prove her that she is insane you can hold her to transfer any property which is a self acquired property to any person otherwise the person who has acquired the property has all the right to dispose of the property in any manner which he wants.

5. Please note that the ancestral property is not the property of only your father all of you are the shareholder in the property and you can stop your father to sell the property by bringing and injection sweet in this regard are you can file a partition suit to get your share in the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

 1. If the nature of property is ancestral you can file for partition of your share and share in the compensation amount.

2. Yes you can file for your share in same.

3. Yes you can file a suit of partition along the stay application seeking interim order of stay so that property is not sold and transferred,

4. See for that you can file a declaration suit and you have to give proof that you have invested in same then you can seek share in same,

5. Yes get a doctor certificate even if doesn't any transaction you can challenge same on ground he is not fit to give consent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you are willing to cliam your share in the anscestral property of our father and as well as in your mother self acquired property.
  2. Firstly, with respect to the father’s/ anscestral property:- yes you can not only claim share in the present compensation but for also in the future if any happen/ arises.
  3. For that you will have to file a civil suit to claim your right as well as pray for the stay on the creation of any third party interest in the anscestral property till the partition and getting your share out of the same.
  4. Secondly, with respect to mother property:-
  5. You do not have any inheritance right in it, but yes you can only claim your investment which you put in it for construction etc. and that is also possoblenifmtou happens to have any documentary proof to prove that you invested in it, nothing more right you have in her property, but yes is she she dies without will then you would have your share in that also by virtue of Succession Act.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Once the property had been partitioned by your grandfather between your father and his brother, the nature of ancestral property extinguishes and it is no more an ancestral property. Hence your applicatiion to add your name to the revenue records of the so called ancestral property may not be entertained and it will not be legally valid.

 

2. The above answer suits this question too. Since this is not an ancestral property, you can claim any share in it as a right.

 

3. No. If he dies intestate then you will be entitled to a legitimate share in the share o f his property.

 

4. If the house property is on your mother's name, then you cannot claim any share in it as a right, however you can send a legal notice to her asking her to return your funds you invested for constructing the property.

 

5.If your father is not mentally alright, any transaction done during this period may not be legally valid, you may secure the evidence of everything so that you can fight it out properly when necessity arises.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

suit for partition has to be filed wherein property is situated 

 

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

 

3) entry in revenue records does not make it self acquired property 

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Suit must be filed where the property is. You have to file proper partition suit or execute proper Registered partition deed.

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

1.  If there is an evidence for having acquired the property by the subsequent generation either by partition or by any other arrangement, then the nature of ancestral property extinguishes there itself.

 

2. You can file a partition suit in the place a property is situated even for all other properties scattered elsewhere.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

1. See mere entering the name shall not change the nature if the property was not partitioned between them.

2. Where the property is situated. No it cannot be filed where plaintiff resides,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your father has already received compensation from NHAI 

 

2) issue legal notice to claim your share 

 

3) you have to pay court fees if you file suit to claim your share of compensation 

 

4) jurisdiction would be court wherein property is situated and compensation paid to your father 

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

First approaching your father then land acquisition officer .you can file suit later also. Yes it's applicable. It's refundable if court awards you the refund. The jurisdiction of your property

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

You can send first notice if on notice he fails then in that case you can approach the court.

No you can send a legal notice through advocate for partition before suit.

The court fee is applicable depends from State to state calculated on value of the property. It is refunded if suit succeed as per order of court.

The place where property is situated.

 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. If the amount has been settled to your father by the authorities concerned then you may issue a legal notice to your father directly.

2.  You may decide about filing a partition suit or money recovery suit accordingly.

3. Applicable court fee for any kind of suit has to be borne by the plaintiff.

4.  For partition, the property located within the particular court shall be the jurisdiction

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

you can issue legal notice first then file suit for partition 

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

IT IS NOT MANDATORY BUT NORMALLY A PARTY INTENDING TO SUE SENDS NOTICES . THE IDEA BEHIND THIS IS TO MAKE IT KNOWN TO THE PARTY THAT THE PETITIONER IS MAKING A LAST DITCH EFFORT BY SENDING THE NOTICE. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

It is not mandatory to send legal notice before filing a partition suit. 

There's nothing wrong with sending a legal notice before filing a partition suit. 

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

No legal notice can be sent before if on notice they fail then a suit can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can first send legal notice if he agrees then no need of partition suit

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer