• Is my property ancestral and what share is mine?

Hi, Iam an Indian and currently live in USA for last 5 years. The property in question belonged (not sure if he acquired by his parents) to my great grandfather who was father of my grandmother, after him the property was inherited by my grand mother. My father were 2 brothers and my father got half the share of the grandmothers property. After my father died without a will, the property was registered to my mother she is still alive and lives in India with my brother. We are three brothers and I wanted to know how much share do I have in the property if I want to sell my share without my mother and brothers consent, can I do that? Also if my mother wants to gift the 100% property to only one of my brothers, can she do that?
Asked 2 months ago in Property Law from United States
Religion: Hindu

See the property is not ancestral it is received after partition after intestate demise of your father you along with mother and brother shall have equal share. And you can sell your undivided share without there consent. You shall have one fourth share in property.

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

The property has now been registered in name of your mother.  Therefore she is the sole owner of the property and she can transfer the property to any of you. After her in case she does not dispose of the property and dies without a will, the property would be equally divided between all the surviving siblings.

Regards 

Rahul Mishra
Advocate, Lucknow
2902 Answers
9 Consultations

5.0 on 5.0

1) on demise of father  you have one fourth share in property 

 

2) you are at liberty to sell your share in property

 

3) your mother cannot execute gift deed  for entire property as she has only one fourth share 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

Dear Client,

You have 1/4th share in father`s share, rest 3/4th will inherit in mother and two brothers equally, same 1/4th each. Mother can gift her share to any of her choice, no restrain.

Is property is dwelling house ?,  other co owner`s have right of pre emption (first purchase), if you want sell your share. And if you sell your share to outsider, than transferee not entitle to joint possession or other common or part enjoyment of the house.

Yogendra Singh Rajawat
Advocate, Jaipur
8884 Answers
8 Consultations

4.7 on 5.0

Property will be ancestral when it descends from a common male ancestor on the paternal side and NOT on the maternal side

the property will be self acquired property of your father as he got the same through the Will of his mother in law

after his demise the property as per Hindu Succession Act would have gone to his widow, children and mother in equal proportions

however it appears that you consented to the transfer of the property to the sole name of your mother 

thus your mother has now become the absolute owner of the property and she can do whatever she wishes with it

you do not have any right in this property so long as your mother is living 

Yusuf Rampurawala
Advocate, Mumbai
3667 Answers
16 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property in question is not an anscestral nature as the same cane to your father by your grandmother, but not from your grandfather.
  2. It is the self acquired property as per law for your father, but as you have stated that your father died without a Will, then it means irrespective of the fact that he property has been registered in your Kruger name now, but you still have 1/3 share in it as per law.
  3. Though you can’t sale it until and unless you get your share as per law from the court of civil law after filing a suit for share in the said property.
  4. Before that, also get the succession certificate from the court of civil law to claim your right in the property, before filing the above stated suit at point no. 3.

Sanjay Baniwal
Advocate, South Delhi
3780 Answers
7 Consultations

5.0 on 5.0

1)Your mother is absolute owner. 

2) you cannot sell without consent of your mother and brother. 

3) your mother can transfer entire property to any son without consent of all legal heir. 

Mohammed Mujeeb
Advocate, Hyderabad
6203 Answers
3 Consultations

4.5 on 5.0

1. It is not clear as to through which legal document the title of the property of your deceased father was conveyed in favour of your mother since the said property is inherited by all the legal heirs of your deceased father being your mother, yourself and your brothers and sisters.

 

2. If you have already registered a relinwuishment/settlement agreement conveying your share of your deceased father's property, then you can not raise any claim thereupon anyfurther.

 

3. If there was no such deed of conveyence registered by you in conveying your share of the said property, then you can certyainly lay your equal claim on the properties of your deceased father along with his orther legal heirs.

 

4. You can sell your undevided and undemarcated share of tghe said property to a third party without taking any7 consent from other legal heirs only if the said property is not a dwelling house where all the other legal heirs are residing.

 

5. In case it is a dwelling house where all the orther legal heirs are residing, then you shall have to offer to seel your share to them at the price you are getting from the third party and in case they refuse to buy your share at the sam,e price, you can sell it to the third party. it is called pre-empting.

Krishna Kishore Ganguly
Advocate, Kolkata
21447 Answers
549 Consultations

5.0 on 5.0

This property is termed as ancestral property and after the death of your father the property will be wasted in all 4 legal hairs including your mother and you will be getting one fourth of the entire property is a legal hair to your father along with the other legal Heirs.

You may file a partition suit for the share in the property in the Civil Court of the district where the property is situated

Vimlesh Prasad Mishra
Advocate, Lucknow
4708 Answers
11 Consultations

4.9 on 5.0

1) This is ancestral property so in your father's share you all siblings and mother has equal rights in it that means you all will get 25% share each one of you.

 

2) Yes, you can sell your undivided share to anyone only needs to show the possession and placement of plot on the layout.

 

 

 

Ganesh Kadam
Advocate, Pune
6253 Answers
46 Consultations

4.9 on 5.0

The share of property that your deceased father acquired shall devolve equally on all his legal heirs i.e., your mother, you and your siblings.

Therefore it is illegal that the entire property was registered on your mother's name alone.

You are entitled to one fourth share in it as a right.

You can sell your undivided 1/4 share in it without anyone's consent.

T Kalaiselvan
Advocate, Vellore
49835 Answers
590 Consultations

5.0 on 5.0

One forth share 

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

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