• Ancestral property

Respected sir 
My father recieved 120 beegha land and a 2000 sq ft plot in the middle of the market ( prime location) from my grandfather and they live with my elder brother and his family. Now, my elder brother has occupied all the land and the house and my parents under his pressure have named and registered everything on his name. And thus I've not been given any share of the property. Since this property was not hard earned by my father, so this is an ancestral property. I wanted to know do I have a share in this property or not? If yes , then what legal options should I adopt ?
Asked 1 month ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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18 Answers

Can u send the paper

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

The property is ancestral and hence your brother cannot be the sole owner of the property. In fact, your father your brother and your children too are shareholders.

File a suit for cancellation of the gift deed immediately.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Property inherited by father from grand father is not ancestral property 

 

2) father can execute gift deed in your father name 

 

3) if father has been forced to do so he has to file suit to set aside gift deed on grounds of coercion 

Ajay Sethi
Advocate, Mumbai
79342 Answers
4746 Consultations

5.0 on 5.0

1. Whether the property was your grandfather's self acquired property or ancestral property. If it were to be ancestral property, then you will have equal right over the property on par with other legal heirs.

2.  Send a legal notice to your father and your elder brother for claiming your share. If there's no positive response file for declaration, partition and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

This is not an ancestral property. 

It is your father's father property,  your father inherited his share in that property. 

Therefore your father becomes the title holder with clear and marketable title on his name. 

In this property neither you nor anyone can claim any share as a right at least not during your father's lifetime. 

If your father had transferred the property to your brother then it is your father's decision. 

You cannot interfere in this decision nor you can prohibit your father from transferring his share of property to your brother. 

Legally you don't have any rights in the property hence any legal action you may intend to initiate may not be maintainable. 

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

Dear sir, 

Yes, you have a share in the property.

It is suggested that you contact any local lawyer where the property is situated and get issued a legal notice demanding partition of property and allotment of your share. 

If no reply is received or the demand is refused, you can institute a suit for partition and cancellation of the documents which have been registered in your elder brother's name. 

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

1. It's not known how dis your father receive this property. 

2. If your father inherited thus from his father on his death then both you and your brother have equal share in it. 

3. In such case the transfer has no force of law and you can enforce your rights by filing a suit for partition and injunction. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

Yes, you have share in ancestral property and can apply for partition suit in the court.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Simple and easy Please approach Civil Court for partition suit and the Court would make proper division of property and land between two of you as per the Hindu Succession Act 1956.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Yes you have a share in the same. You need to first send legal notice if not entertained by then then file partition suit in civil court

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

If the property was allotted to your father on partition then it becomes his self acquired property 

If property was inherited by your father then his sons become coparcenors in it and all have equal undivided interest 

If the property is transferred to elder brother and he is denying your share, you will have to file a suit for partition and claim your share 

Yusuf Rampurawala
Advocate, Mumbai
5763 Answers
35 Consultations

5.0 on 5.0

Property received from grand father is father self acquired property. On the birth of 4th generation, property acquires ancestral status. 

If you have child or your brother than you have share in the property. You have to file partition suit to claim your share.


You can initiate process by sending legal notice

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested to serve the legal notice to release your share of the property and if not done, file the suit of partition against the brother and father. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

Yes you have share. File a partition suit 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. No you cannot claim any share from property which is currently on your father name even if it is inherited from his father.

2. He can gift his land to anyone without your consent.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Your right occur on the death of your father.  But your father can deal with the property in any manner during his life time.   He can sell, lease, mortgage, gift, etc. during his life time. Ancestral property does'nt mean that you have any right in the said property during the life time of your father. I hope your understand.  Suppose you inherited some property from your deceased father.  Your son cannot claim his right during your life time.  You can deal with the property as per your wishes.  However, in case of your death and the property is not dealt by you, he can claim the same.

Dalip Singh
Advocate, New Delhi
856 Answers
13 Consultations

5.0 on 5.0

ancestral property is a property acquired by your great grandfather which has been passed down from generation to generation. 

said property is not ancestral property. 

incase if it is ancestral then you can file partition suit and claim your share. 

 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

- Since the said property came to your father from the grandfather , then you can claim your right over the same equally , even during the life time of your father. 

- You can issue a legal notice notice to them for giving your equal share in the property , and if refuse then file a Suit for partition , Declaration & Injunction before the court , for getting share , to cancel the sale deed of your brother , and to restrain him to sell any portion of the property. 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

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