• Succession of grand father's Ancestral property

Sir, My grand father has ancestral property in various forms such as buildings, plots, agricultural lands. He has three sons and one daughter. I am the legal heir of his second son. My father died in year 2000. Now he is claiming that you are not eligible to claim any property from me. He already distributed the property to remaining sons and daughter also. But he is against with us. He is arguing that my property will be distributed according to my will. I am not interested on you. Is I am eligible to claim the property of my grand father which is ancestral property of him? Please help me sir.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

If it is ancestral property you can file suit for partition to claim your share in property 

 

2) on father demise his share would devolve on your mother , you and your siblings 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Respected sir...

you need not to worry in this case as you have right in the property as being legal heir of his son...sir he can make a will of only that land which is owned by him during his life he can not have the sole right to distribute property as per his wish ...so approach the court as soon s possible and get your right ....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

See.if the property is ancestral and not self acquired by the grand father then in that case you can file a suit.claimimg your share from the property along other legal heirs of father.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if it is ancestral property then you have your legal right upon the property. you may file a suit for partition in court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a suit for injunction.  You can claim the same from him as the same is ancestral ans you have right for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes. You have an equal right to the property as to other co-parcener.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

How come these properties are ancestral ? Did grand father inherited these properties or self acquired. IF self acquired, you have no say.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello, 

You do have right over the ancestral property even after the death of your father. 

you may file a partition and a title suit to claim your share in the property as per the hindu Succession act

You may get in touch if you need further assistance. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The property in possession of your grandfather might have belonged to his father or grandfather, but since he ha presumably acquired them through a partition among his siblings, this property in his possession shall become his own and absolute property.

It cannot be termed as ancestral property hence it will not confer any rights on his children so  as a grandson also you dont acquire any rights in the property.

If the above is correct then you may not be able to get any share in the property even if you may file a case seeking your share through court of law.

However you may consult an advocate in the local and get him apprised of the factual situation of the property and see if there is any loophole in it to get any share in the property.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes you are eligible to claim share from the ancestral property of your grandfather. 

You can file a suit for getting your share from that property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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