Yes you have equal share in the said property depending upon the legal heirs. You each will have 1/3 if there are 3 heirs
Right/Share of property
My self ( I am a woman) and my brother are two children from the first wife of our father. My father had second marriage after the death of our mother. My father has a daughter from his second marriage. His second wife is still alive. My self , my brother and my step sister are all married. My father has ancestral property which he got through partition deed among his brothers and sisters after the death of their father. Now I want to know what is our share in the property. Since my father is not willing to give share to my self and my brother, how can we claim our share in the property.
Asked 5 years ago in Property Law
Religion: Hindu
17 Answers
- Since, your father has got his share after partition of the ancestral property left by his father , then after receiving the said property , this become his self acquired property.
- Further , your father is having his right to transfer the said property to anyone as per his wish , and none having right to claim during his life time.
- However, you can send him a legal notice for asking your share in the property.
If the ancestral property was partitioned through a registered Partition Deed in the jurisdictional Sub Registrar's Office between your father and his siblings, then it will be considered as separate property in your father's hands having the characteristic of self acquired property. Hence, during his lifetime, apart from him no other person will have any right and it's upto him to take any decision regarding the property as to execute a WILL or gift the property or to dispose off or to retain the property. It may also be noted that if the partition of ancestral property was not through a registered Partition Deed amongst your father and his siblings, then you, your brother and your step sister will be entitled to a share in the property. However, if your father dies intestate ( without executing a WILL ), then you, your brother, your step sister and your step mother will get equal share in the property, i.e., 1/4th each.
Please file partition suit before Civil Court for division of property as per Hindu Succession Act 1956 and you would succeed to get your share along with your brother's share from ancestral property.
Dear Client,
As per law, you, Your brother, your step sister and your step mother will all have equal rights in the property of your father. The property in dispute will be divided between all the living legal heirs of the owner of the property.
If you have child/ren, great grand child than property has acquired ancestral status in the hand of your father.
You both can file partition suit to claim your share.
As per the Hindu succession act you can have your full equal share in the ancestral property as of now and can apply for partition deed in the court of law.
Property which has remained undivided for four generations is ancestral property
2) you have no share in property received by father during his lifetime
3) on his demise intestate you have one fourth share in property
1. Ancestral Property once it is duly Partitioned either by Partition Deed or Partition Suit Decree, loses its status as "ancestral property" and becomes "self-acquired property" at the hands of recipient and the recipient can legally Sell /Gift /Transfer /WILL /Donate /whatever.... without any legal reference or Permission from his ANY legal Heirs.
2. However if the recipient Father dies without making any WILL, THEN under the Hindu Succession Act, his Wife and "ALL" children are entitled to EQUAL share in property standing in name Father.
You all three children of your father have equal shares in the property. File a partition suit
First of all it is not ancestral property.
After partition the share of property inherited by your father as his share shall be his own and absolute property.
In this neither you nor your step mother or step children have any rights to claim any share at least not during the lifetime of your father.
Therefore any legal action you may propose to initiate in this regard to claim your share in the property would not be legally maintainable, hence do not do any such things on the misguidance of any rumour monger in the local.
Your father can deal with his share in the property in whatever manner he likes during his life time. He can sell, gift, lease, mortgage, etc. to any one he likes. You have 1/4th share in the property in case he dies intestate. I think you understand the point.
As per Section 6 of the Hindu Succession Act, you have a right on the ancesteral property.
Further you will have to file a suit for partition thereby seeking claim in the property and alongwith the application you will have to file an application for temporary stay, thereby seeking status quo which means that your father cannot sell the property.
All the children have an equal share in the ancestral property. He has no say in that. File s partition suit against him and his other wife and children.
The share which is allotted on partition becomes the self acquired property of your father
So long as your father is alive you or any other children cannot claim in it
It is no more ancestral property
The children (from both wives) and the second wife will get a share only on demise of your father in capacity of his legal heirs provided your father has not sold the property in his lifetime or made any Will in favour of other person
Dear Sir/Madam,
You are suggested to serve a legal notice for the partition of the ancestral property and then you may file the suit of partition and injunctions against your father and stepmother.
1. You cannot claim your share till lifetime of your father because currently property is on his name.
2. You can claim your share through partition suit After death of your father if he dies intestate.
