• Claim in ancestral property

My Grandfather has  two sons and two daughters.My father has three daughters and my chcha have one son and one daughter.We have one  house, one shop and one small piece of land as immovable ancestral  asset earned by my grandfather. The shop is in the market place which was on the name of my grandmother and is under occupation of my chacha.The house which is on the name of my grandfather is shared by both sons for stay purpose  and land which is on the name of grandfather is under court case due to some occupation dispute. Now for partition purpose  my uncle is ready to share house ownership with my father but he is not agreeing to give share to my father in that shop and tells that our  grandmother has given it as a gift to her grand son (my cousin)  and my father and he has no right on it. In this way he wants to have full ownership of shop (on the name of his son) and half ownership of house and my father will have only half ownership of house.My grandfather and his daughters are indirectly supporting my uncles claim on shop by remaining silent on this issue. My grandmother died in year 2004.All this is being done as my father has no son, so on the name of son he is being deprived of his claim on shop. Shop is quite big and it has highest valuation. In such a situation I want to claim my share and share of my sisters. if it has been  given to grandson by my grandmother I want equal share for granddaughters also as my father has three daughters and no son. there is case of huge discrimination with him for sharing ancestral property.My grandfather says as the shop was on name on grandmother he cant help. My grandmother was a house wife with no records of earning ever. Please advice suitable course of action.
Asked 1 year ago in Property Law from Shahjahnpur, Uttar Pradesh
Religion: Hindu
1) it is self acquired property of grand father and not ancestral property . 

2)on grand father demise each legal heir would have 1/4th share in property . ( 2sons and 2 daughters) 

3) if shop  is in name of grand mother and she has executed gift deed in favour of her grand son he would be absolute owner of said shop 

4)please check whether registered gift deed has been made by grand mother . 

5) grand daughters have no share in grand parents property . 

6) if grand mother had executed gift deed your father can move court to set aside gift deed as your grand mother had no income and it was bought by grand father in her name for benefit of joint family 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1. If the house, one shop and one small piece of land is earned by your grandfather then it is not ancestral property. 

2. There is some ambiguity in your facts. Initially you said that the shop is earned by your grand father and then you have stated that it is in the name of your grand mother.

3. If the shop was owned by your grand father then he alone could have made a gift thereof. 

4. Since your grand father is still alive none of his children, much less grand children, has any share in any of the properties owned by him. He is at liberty to make a gift or will in favour of any of his children or grand children. Discrimination by the father, being the owner of properties, in dividing his properties among his children, is perfectly legal.  

5. The properties owned by your grand mother will vest according to the gift deed made by her, whereas those properties in respect of which she did not make a gift or will belong equally to all her children.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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From your facts which are not mentioned clearly though, it seems the property does not come under the ancestral property rather it is Self acquired property of your grandfather. As per succession law, on the demise of the grandfather, each legal heir would get equal share and since your grandfather is still alive, none of the legal heir can claim any share in the self acquired properties. Further, if the Shop is registered in the name of the grandson, then if the gift deed is validly executed and is a registered deed then the grandson would be the owner of the said shop. Your grandfather cannot challenge the gift deed made by the grandmother as even though she had no records of earning, the grandfather bought the property in her name for the welfare of the family.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. When the properties were owned by your grand father and grandmother, those were not ancestral properties,

2. To call a property an ancestral property, there shall have to be free flow of uninterupted title for 4 generations i.e. from great grandfather to great grandchildren,

3. So, in your case, you have no right to claim any share in the property during the life time of your grand father and grand mother & they are entitled to decide as to whom they will gift their properties,

4. After their demise intestate, the property will be inherited by your father and chacha and till their demise intestate, you won't have any claim on the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1) on your grand mother demise your grand father , your father 2 uncles and 2 aunts would be legal heirs . 

2) apply for letters of administration from court in respect of said shop 

3)file suit for partition of shop and obtain injunction restraining your cousin from selling the shop 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. Municipality Records do not denote title of a property but records kept at Registrar's office does,

2. Verify with the Registrar's office if there has been any gift deed or will registered in favour of your cousin,

3. If not then, the said property is jointly and equally  owned by all the legal heirs of your grandmother including your grandfather,

4. If there has been no deed of conveyance in favour of your cousin, you can file a partition suit claiming partition of thye shop and all its past and future earnings.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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