• Ancestral property? Joint family property?

I am 15 yr old girl. No brothers. No sisters. My father died in the year 2003. My grand father's father died in 1980 leaving behind 2 acres of agricultural land purchased by him. My grand father is alive and he has 3 married sisters all of them alive. All four of them were and are living seperately in different towns respectively. They had not divided the 2 acres of agricultural land property among themselves till 2008.
 I had filed a patition suit in 2004.
 Was I eligible for a share in my great-grand father's 2 acre agricultural land when i filed the suit.
Will it, for me, fall under the category of ancestral property or joint family property or none
 The partition suit was dismissed for default in 2008.

 Subsequent to dismissal my grandfather along with his sisters jointly sold away the 2 acre agricultural land and divided the sale proceeds among themselves.
 Now that I have restored the dismissed partition suit in 2018 Can I claim a share in the sale proceeds
 .Can I take a stand in the court that the sale of 2 acre agricultural land should be declared null and void.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

No you are not eligible as on the date the grand father along siblings inherited property as intestate succession not as the joint hindu property. It shall be like self acquired property for them.

You can claim same as relief but in my opinion this is not the ancestral property and you shall not get share in the property or proceeds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You were not eligible for your share in the property.

The property had not acquired the nature of the ancestral property and from the facts stated by you the same remains to be a self acquired property of grand father after the death of his father.

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

There is a delay of 10 years and the same will not be condoned by the court, any case now will be a futile exercise.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

But its depends upon the circumstances. You should be initiated the proceedings with in 3 years from the date of knowledge, or major age. As per your statement its sold ten years back itself. So your cause of action should be with in 3 years.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

How ill you show that the earning of the agricultural land was used?

and also how will you show that you has a share in the agricultural earning?

If you can prove the aforementioned points then you have a valid case to claim residential rights.

But again I would fairly advise that any litigation will be a futile exercise.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See if the plot was bough out of the proceeds of the sale of ancestral property then in that case it may be treated ancestral property that also subject to other condition as nature of agriculture land and was it jointly held or not otherwise direct in plot there is no right of yours.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You cannot. Because all this things took place before 2005 when woman had no right on ancestral property.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

The daughter has equal right in the property in tamil nadu, the thing is the property after commencement of the hindu succession act shall devolve in accordance to the intestate property if at that time the property was not the joint family property meaning thereby the grand father and the sisters have equal right on the property further as grand daughter has no right as to the property.

https://indiankanoon.org/doc/21722097/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have share in ancestral property as it has remained undivided for 4 generations

2) you can claim share in sale proceeds

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

You have no share in land and house constructted by grand father

It is self acquired property and you cannot claim share in said property

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

You can claim share in property inherited by great grand father as it is ancestral property

Claim share in sale proceeds

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

1. your father died in 2003

2. equal rights to daughters as coparncenors of HUF property was conferred in the year 2005 by amendment to Hindu Succession Act

3. as your father was not alive in 2005, you do not become a coparcenor and thus cannot claim a share in the agricultural land

4. the plot purchased by your father plus construction on it, was the self acquired property of your father

5. as he left no Will, you can claim a share on above property on basis of intestate succession, being one of the legal heirs, alongwith your mother and grandmother, if she is alive

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Dear Cleint,

15 years age and filed suit in 2004, quite surprising, who was your guardian who filed partition suit that time ?

Well, property being ancestral in nature, sale is illegal and liable to be cancel by court order or distribution of sale proceed acc. to % of inheritance share in property. You are also entitle to your father share.

If it can be proved that residential house purchased from benefits drawn from agriculture land than same coparcenery right and claim in property.

Third property is also ancestral but date of sale is important. Before 2005 than you have no share but your father had and you being legal heir of your father , have claim share in that too.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

That means that the daughter have right in the ancestral property in light of the section 29A

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For the following reasons your suit may not be maintainable:

a) Your grandfather's father's property, upon his intestate death shall devolve on his own legal heirs, i.e. your grandfather and his siblings.

Since they are living and the property has not passed on to their next generation, the property is not ancestral to you and it will become the jointly shared property of your grandfather and his siblings.

b) If your father died before the year 2005, i.e., before the latest amendment to HSA took place, then you cannot claim coparcenary rights in the property for a share , including a share out of your father's share in the property, because your father himself was not entitled to any share out of his father's property during his lifetime.

You have filed the suit in the year 2004, hence it may not be maintainable.

c) The sale of property took place subsequently, after instituting the suit, hence it is a subsequent development, therefore at the maximum you can include the subsequent purchasers as party to suit.

Therefore, in my opinion, the suit filed by you may not be maintainable in law.

Dont be under any misguidance and waste your time, money and energy, instead you take a second opinion from another lawyer in local or elsewhere.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

My grand-father is a retired engineer. Subsequent to the demise of his father( my great grand-father) in 1980 he purchased a plot in 1983 for 30,000 rupees and constructed a house in it in 1995. Can I claim it as joint family property since he may have used the profits out of the agricultural land, in purchasing the plot and constructing the house. The plot has appreciated greatly. My late father finished college in the year 1995 and had no earnings of his own till then.

Can I demand a share in the plot or the residential house in it.

The property purchased by your grandfather on his name shall be his own and absolute property, it will not come under joint family property until it is purchased or added to the joint family property i.e., HUF.

Thus, any claim made by you now or at a later stage in this regard is not maintainable.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

For the sake of clarity I left out a property of my great grandfather (my grandfather's father). My great grandfather had inherited a dwelling house( in tamilnadu) from his father. This was also jointly sold away by my grandfather and his three sisters in 2008 and then divided the sale proceeds among themselves. Can I claim a share of the sale proceeds since it qualifies as a ancestral property

It is not ancestral property to your grandfather or his siblings.

It is their father's property which they jointly inherited and jointly sold, there is no illegality in it.

Since it was done by them during their lifetime, nobody can claim any share in it s a right including your father or his own siblings or anyone, therefore you are no where near to even a thought of a claim for a share in it.

Can I take a stand that the sale of the dwelling house property was illegal. WE ARE TAMILIANS .

The succession law is common for all Indians, there is no separate law for Tamilians.

The sale of swelling house by your grandfather and his siblings is not illegal, that is their right, nobody can interfere in their rights nor can question their authority for doing this act.

Equal rights to daughter in coparcenary property Notwithstanding anything contained in Section 6of this Act:

The above provisions of the amended law is not applicable to your case.

This property will not come under ancestral category, hence any law suit pursued may not bring you desired result.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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