• Legal process on ancestral property daughter

My Father died in 4/3/1997 his share which came from his Father dividend in My mother and My three brothers by Mutation process in Tehsil by registered.My mother died in 6/8/2007 her share distributed above process in three brothers.My Elder brother sell his share by sell deed.now only 2 brothers share remains.One of them transfer his share to his Sons Now can I have any rights on this property,and How legal process?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1. If your father died leaving his self acquired property then you did have due share in it.

2. However if he died leaving his ancestral property you are rightly deprived of.

3. However in any event the property left by your mother is liable for equal division among all the brothers and sisters if she has died without any Will.

4. So to claim your share in the property left by your mother you can file a suit for partition and seek injunction on sale of remaining properties.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. since your father died in 1997, you do not become a coparcenor and thus do not have any share in coparcenary property

2. as the property stood divided after your father's demise, between your mother and 3 brothers, you do have a share in the share which was left by your late mother

3. you cannot claim any share which had gone to your brothers. they can deal with their respective shares in any manner they deem fit

4. so your mother had 1/4th share. After her demise her share will go to the children i.e. you and 3 brothers.

5. That means you have 1/4th share in the 1/4th share left by you mother. So presently you have 1/16th share or 6.25% share in the property which you can claim

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Are you 4 brothers ?

If yes than after father death his property will distribute in 5 parts. 1/5 share of each including you.

And after mother death her share will distribute by 1/4th each.

File partition and cancellation of sale deed, and transfer to son.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have no share in ancestral property as your father died before 2005

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

3) if it is your grandfather self acquired property then on his demise your father inherited it then it would not ancestral property and you can claim share in said property

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. You have right on your 1/4th share you received from your father;

2. You also have right of the 1/3rd share of your mother;

3. You can't have share in your brother's share of their properties.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Make all brothers party, and son if share transfer to him.

File for partition/share in property, you will get total 1/5th of property or its price from all brothers.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

Your have full right in this property and your share is 1/5. Legal process is hire any local

lawyer. File partition suit against all of the brothers of yours and who purchased the property.

Don't leave this property.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear sir,

After the death of your father you and your brothers and your mother became heirs to the property and after her death your brothers and you became the sole owners. Although the mutation was done but whether division of property was completed? If yes then you have your own demarcated chunk of land and you can sell it. But it seems that although mutation was performed but the land was not divided. Therefore your brother could not have sold his land. Therefore you can challenge the sale and transfer of land.

Regards.

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

You have to file suit for partition for division of property by metes and bounds

2) seek orders to set aside sale deed executed by your brother , gift deed executed by brother in favour of his sons

3) seek injunction restraining sale of property by brother and sons

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Did your father died intestate or with out will.

You can file an suit for partition.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

You have a right for a legitimate share in your father's property at par with your mother and brothers.

You can file a partition suit seeking partition of the entire properties including the ones sold by your brothers and separate possession of your share in the said properties.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

on which I case for my rights, tell me legal process,how much time it takes?

1) brother and

2) his Sons,and

3) those whose my brother sell property ,can those people returns My share?

You can file a partition suit against all your brothers, and the buyers who bought the properties sold by your brothers and claim your rightful share in the property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court had held.

In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

So, you can't claim any share in your father's property, but you can claim your one-fourth share in your mother's share of property, as she had expired after the commencement of the act.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can send them legal notice and claim your share otherwise can file civil suit for the Same.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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