it is not ancestral property
2) property which has remained undivided for 4 generations is ancestral property
3) your sisters and brother has no share in the property
Self acquired property or not
My grandpa had 3 sons namely Venkatesan (1)Chandran (2)bharathan(3).After the death of their father no(1&3)as A schedule and no 2 as B schedule and made partition of their properties.Now no2 has 2sons and 3 daughters. I'm the elder son. I am doing a business and my wife is a government teacher. I built a house in the name of my wife by a housing loan. My father made a settlement in 2017 in favor of me from his B schedule property. Now my 3 sisters filed a Case in 2018 making 3sisters and my mother as plaintiff and Chandran (1)me (2)my brother (3)and my wife (4)as defendants saying that the property bought by my wife is a joint family property and demand a partition in the B Schedule property given to me and my wife's property. Due to my financial problems I sold my settlement property. In the Encumbrance certificate their is no problem so the party bought my property Now the defendants 3 also fighting with me and asking a partition in my property and the defendant (1)also joining with defendant (3).My lawyer says it is an ancestral property and my sisters are coparcenars.But some lawyer says it is not a ancestral property and it's your father's own property and the settlement made by him is correct and my sisters and my brother has no rights. I like to know which is correct?Now the case is in Cuddalore District Court.
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
Do you or sisters have any child and born before settlement ? IF yes than they have right.
If no great grand child, than none have any say. .
The partition was made in 1976 between A schedule and B schedule. I have forget to mention in my question
Asked 6 years ago
Property should be passed down undivided from great grand father to great grand son to become ancestral. In other words it should be four generation old undivided.
Based on this the said property is not ancestral. It will be treated as self acquired property of your father. Daughters shall not be treated as coparcener.
See the property is partitioned and settled by father in life it is not ancestral property. The sisters after settlement has no right in the property.
See you can file an application before court for rejection of the suit.
it is not ancestral property
property which has remained undivided for 4 generations is ancestral property
Yes your advocate is right the property that you build your house in name of your wife after taking loan from the bank is an ancestral property and your father have no right to settle this property in favour of only this is joint property and the partition suit and this property is admissible even if you settle down the property in anybody else favour the property in question will be subject to partition
Yes, it's ancestral property so it will get distributed equally.
There seems to be divergence of opinions in such cases and the law is not yet settled.
What is the stance of your counsel?
Regards
G.Rajaganapathy
If the said property is undivided from last 4 generations of male lineage
Dear
After partition between the legal heirs the property losses its ancestral character and become self acquired property of the beneficiary.
So it is not ancestral property it is self acquired property of your father and after settlement deed with you it will become your self acquired property
The property bought out of your funds in your name and your wife's name shall be your own and absolute property.
Similarly the property transferred by your father to your name by a registered settlement deed is also considered your own and absolute property.
It is not an ancestral property hence your sisters do not have any rights in it
The suit filed by your sisters and mother is not maintainable, but you should fight it out properly by following up the case regularly through your lawyer , before that you may change your lawyer because he is misguiding you by quoting wrong or incorrect information about the nature of property.
If he is not knowing the law then he cannot fight your case properly.
Hence you may better change the lawyer and fight it out properly with the help of an experienced and skilled lawyer.
Since there was proper partition among the brothers, it can be considered that their respective share in the property hall be their own and absolute property, hence there is no question of the property to have ancestral status.