• Right in great grandfather's property

What is my right in a great grand father property (ancestral property), If I construct a part portion for my shop and residence in a occupied land area ?
Asked 6 years ago in Property Law
Religion: Hindu

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21 Answers

property which has remained undivided for 4 generations is ancestral property 

 

2)you can carry on construction on part portion with consent of other co owners 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

See if the property is partitioned In subsequent generation then you have no right over same otherwise if it joint hindu property and it has not been partitioned then you have undivided share as per number of coparcener in same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

better option is to enter into deed of family settlement for division of ancestral property among co owners 

 

2) it should be duly stamped and registered

 

3) then carry out mutation of property in your name and carry on construction after getting plans sanctioned by municipal corporation 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

You should file a suit for partition in civil Court to get the property partition. Once an ancestral property is partitioned between the family members, it would cease to be ancestral property and you can do your construction then. Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

House tax and electricity bills would not serve any purpose as they do not transfer any title.

Filing a suit for partition is the only way.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Sir,

- Construction may be done on available property, however will advise to get mutation updated in your name first to avoid any future friction and litigation issues.

- Any good property lawyer will be able to guide you properly step wise after having all the documents studied.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

The ancestral property belongs all the shareholders and hence a partition suit must be filed and a declaratory suit has to be filed in the district court in lucknow. Now the property is not demarcated and hence you cannot claim that particular portion or plot belongs to you unless the court has decreed it as such.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The brothers are living on this property and have also built on some area. You should notify the other co owners so that they can be taken into confidence in order to avoid litigation.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

It is better to file a partition suit in Civil Court and get your share.

After the death of your  grand father it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Hindu Succession Act, 1956 [Section 8] HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

See first it is better to file partition suit on the property once the total property is divided by metes and bounded then you can contract in your share of property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the said property is not partitioned then the structural changes made will be objected by other heirs without their consent.  You can do it with their consent or you can execute partition deed or file partition suit

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Without consent of all successors you cannot construct.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Client,

Due share/portion can be ascertain by mutual partition or by order of court. AS of present none share is confirm. On the basis of possession and no objection from others, can constuct. 

Hope property inherited intestate in all generation.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Client,

You need to file a suit for partition.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

you can build construction on said ancestral property informing (verbally) to other co-owners,

house tax, electricity bill etc will prove your possession only on the said property not ownership,

you can file suit for the partition to become the absolute owner of the property.

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

It is always good to have a family settlement deed in case the property has not been divided by your father and registered in all the legal Heirs name as all the properties now wasted in all the legal Heirs name so so it will be better to have the family settlement deed to recognise the properties in the names of legal hairs so that the construction can be made and they should not be any dispute this family settlement deed can be registered with the register and it can be executed by payment of requisite Court fees in the Court to have the partition decree

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. You can file a partition suit claiming your share of your great grandfather's property  being your ancestral property if the itle of the said property bstill stands in the name of your great grandfather.

 

2. If the flow of the title has been interrupted by way of any deed of conveyance or will or court order, it will cease to stay as your ancestral property.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If the property is still your ancestral property as per the legal definition, then you shall have to file a partyition suit praying for partition of your share of the said property byt metes and bounds.

 

2. Without acquring right on the particular portion of the ancestral property, it will not be legally prudent on your part top make any construction thereupon.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If the property of your great grandfather is still undivided then it is ancestral in your hands. Consequently, you may file a suit for partition to cull out your share as a coparcener in the property.

2. House tax and electricity bills do not prove title. Title originates from the sale deed. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

First of all ascertain if it is ancestral property.

An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.

So, it has to primarily meet two conditions for the property to qualify as your ancestral property;

  • The property should be four generations old &
  • It should not have been divided or partitioned by the previous three generations.

Therefore, if your father is living then you may not be entitled to get a share in the proeprty at least not during his lifetime if it is not ancestral property..

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

The best way to occupy your legitimate share out of yor father's share in the property is to first get it partitioned and after your share of proeprty is confirmed you can take possession of your share in the proeprty and proceed with your proposed development of your property.

You can arrange for a mutual partition to solve the issue amicably, if there is some legal hassle then you may have to file a partition suit seeking your share in the property and separate possession of the same

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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