• Granddaughter ancestral property rights

My grandfather  had 3acres of land and a 60*50 old house . he expired in 2000 and has made no will grandmother is alive they have 8children 4sons and 4daughters . Old house is shared to the last two sons of my grandfather and they have demolished and constructed  new building in that shared plot for which no compensation has been paid to my father. My father  and  his 3younger brothers and 4younger sisters  are  now making a partition deed of land .they have made 5 equal shares 4for sons and 1share divided by daughters out of  5shares 3shares have already been sold (2nd and 3rd sons share and all daugters share)even before the partition deed and the person who purchased is a builder and making residential plots . my father and last son of my grandfather have retaines their share .I and my brother are the only2 grandchildren who are majors all other 3grandchildren are minors . being majors dont we have to sign for their partition or  dont v have a share as its our grandfathers anceatral property we have no information about this selling  and we are not called for registration.do we have rights to claim .
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) if property was bought by grand father it is hi self acquired property and not ancestral property . 

2) on grand father each legal heir has 1/9th share in property . 

3) on partition deed been made property would be divided among legal heirs . 

4) grand daughters / grand sons have no share in grand father property if their parents are still alive . 

5) only if your father dies without a will would you inherit your father share in property
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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1. The properties were owned by your grand father who made no will thereof during his life time. 

2. After his life time the properties devolved equally on his children. During the life time of your father neither you nor your brother has any share in the properties. So the partition deed is not required to be signed by you.

3. The partition deed is to be executed among your grand mother and all her children.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, sale transaction entered between your family member with the third party for selling of ancestral land is not valid as the property was ancestral property all the family members have right over the property.

2.  You have to file a suit for partition of your share and you also sought for declaration that the sale deed entered into your family members are not binding.

3. You have good case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) As far as the ancestral property is  concerned you can not stake a claim while your father is alive. Your signature is not required for the partition deed hence.

2) For the portion that was sold unpartitioned where your father did not get a share , he can file for partition and stake his claim.

3) If your father files for partition the builder will be liable and held liable.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Your father has inherited his share of your grandfather's property,

2. Your father can do what ever he wants legally with his said share of property without consent of any body,

3. You bhave no claim on his share during his lefe time,

4. You can claim your share only in case of his deemise intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
1.Was it your grand father's self-acquired property or ancestral one?.
2.Ancestral means if the property has traversed for 4 generations without any partition so far. Great grand children will have right over their great grand father's property if it has not been divided earlier.
3.In the absence of WILL of your grand father and assuming that it is his self-acquired property and died intestate, then your grand mother and her 8 children are entitled to equal share in 3 acres of land as well as in the old house.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

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