My father had 5 survey no say A,B,C,D,E. He had an unregistered partition (1982) with my brother (only son) with regard survey no C,D and E and both enjoyed their respective share ever since. Both my father and my brother died. My father left behind undivided ancestral property A & B. Can my brother family claim share in A & B now ? saying its an ancestral share.
If your brother had left children at the time of his death then they can still claim share from his grandfather ancestral property.
From the partition deed it's to be seen whether the partition between your brother and father was partial or complete.
If it was complete partition then no more claim can be raised.
1. Assuming that your father and brother died intestate ( without executing a WILL ), the property would devolve equally to all the Class-1 legal heirs of your father and your brother.
2. Unregistered Partition Deed entered into between your father and brother will not be legally valid.
3. Assuming that your grandmother (father's mother) and your mother are dead, the property marked as Sy.Nos. A B C D E, would devolve equally to you and your siblings. ( Both brothers and sisters). In case you and your brother are the only children to your parents, then the entire property consisting of Sy.Nos. ABCDE gets devolved equally to you and your brother in the ratio of 50% each or 1/2.
4. However, both you and your brother can come to an understanding with each other and settle the issue amicably in respect of the entire property as to who should get what.
5. You can also stake a claim in the Sy.Nos. CDE, as also in Sy.Nos. AB, in view of unregistered partition deed, and your brother's legal heirs can claim an equal share in Sy.Nos. AB, as also in Sy.Nos. CDE.
6. Both you and legal heirs of your brother can enter into a Family Settlement Deed and resolve the issue.
Since father died intestate on his demise intestate brother family would inherit brother share in property in A and B
Dear Querist
Yes, they can, if there is no Partition or Will executed by the Owner of the properties.
As per Hindu Succession Act-1956, they are entitle to get their respective share in the property.
The property which are lying on the name of yor father shall devolve equally on all his legal heirs including the legal heirs of his deceased legal heir, i.e, the legal heirs of your deceased brother.
The settlement of share of property made by your father to his son during his lifetime is different to that of the share of proeprty left behind by your deceased father.
The properties left behind by your father which was lying on his name at the time of his death and if he is reported to have died intestate, shall devolve equally on all his legal heirs i.e., his children, wife (if living) and his mother (if living now) and on the legal heirs of the deceased legal heirs (son or daughter).
Therefore you cannot deny the rightful shares that your deceased legal heirs comprising his wife and children are entitled to in your deceased father's properties.
Yes, they can ask share in the ancestral property. Plus need to check their partition deed which was performed in the past. If the partition deed has any clause for A and B properties.
1. "ALL" the residual legal heir/s of Father, are legally entitled to EQUAL share or NOTIONAL share in the ancestral property, without any exceptions.
Keep Smiling .... Hemant Agarwal
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Dear sir/madam,
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit.
Ancestral property can be defined in general parlance as the property, which has been passed on from one generation to another. There are two major conditions that a property has to fulfill in order to be an ancestral property these are as follows –
Inherited situation differ in matters of self-acquired property and ancestral property. Self-acquired property is the property that individual purchases out of one’s own income. In the case of self-acquired property, the owner can take away your share in the same. For instance, if your father has purchased a property out of his own money, he can exclude you from its inheritance. However, in the case of ancestral property, ones share cannot be taken away no matter what the situation.
The claim on an ancestral property comes through the act of birth. However, this claim into the ancestral property and the share that is given to each individual against his claim is determined by the successive generation. They decide the respective shares.
The partition of ancestral
property can be made by a Partition Notice or a Declaration to Separate, Partition Agreement. The partition can also be carried out through arbitration or through suits. An example of partition being, if the property is to be divided amongst five people, they will receive equal shares in the property i.e. 1/5th share each. With the development of the Hindu Succession Act in 2005, daughters can too have share in the property.
If denied a share in the property, a legal notice should be sent by the aggrieved to the erring party. Filing a suit for partition and contesting the same in court can also help in claiming the share. In case the property has been sold off without your consent, it is suggested that the buyer should also be added to a party and a suit should be filed to claim ones share.
If the properties were self-acquired and your grandfather passed away intestate, the properties will be divided as per the Hindu Succession Act, with preference to Class I legal heirs. If the properties were ancestral, all the legal heirs will have a right to it by birth. However, since he passed away before 2005, when the Hindu Succession Act was amended, the daughters will not have a right to ancestral properties.
- As per law, after the death of your father his property would be devolved upon all legal heirs , i.e. you and the said brother as well.
- Hence after the death of that brother his family can claimed a share in the property A & B.
- However, you should go through the Partition deed executed between them for knowing the conditions.
1. An unregistered partition deed has no legal sanctity. It ought to be registered mandatorily.
2. Your brother, as also all the Class 1 heirs of your father, can file a suit for partition to cull out the separate possession of his share.
The property A & B is self acquired by my mother(atleast as per documents) and later devolved to me as a gift deed and enjoyed by me. 1. Can any other legal heirs (my siblings) question the gift deed saying that the father bought the land (A & B) in the name of mother hence its a family property and needs to devolved equally among all the legal heirs (my siblings)? 2. What is the sanctity of the registered will (shared equally among the siblings) executed by my mother with regards to ancestral property?
1) if mother had no source of income and property was bought by father in mother name it can be said it was bought for benefit of joint family
2) your siblings can file suit to set aside gift deed and claim share in property
3) if it is ancestral property all siblings ha e share irrespective of will executed by mother
Dear sir,
Yes they can.
The registered will is correct and not faulty if done in good faith.
the other legal heirs have the right to contest over it.
Yes they can claim your brothers share.
They can question but it's subject to proving the same in court.
It has lot of sanctity if you probate the same if it's mandatory to do so depending your jurisdiction. Otherwise also registered will is of great significance
- Since, that property was self acquired of your mother i.e. she had purchased the same from her own funds or got the same in partition , then she was having her right to transfer the same to you by way of gift deed.
- Then other legal heirs having no right to claim over the said gifted property legally, even that fund was created from your father.
- Gift deed cannot be cancelled , except a court order.
1. Whether your father bought it on her name or it is self acquired property or your mother, it becomes your mother's own and absolute property, hence the transfer of the same to your name by a registered gift deed cannot be challenged by your siblings at any stage now or in future, any challenge may not be tenable in law.
2. The property inherited by your mother becomes her own property absolutely, it will no more be termed as ancestral property.
Hence since your mother is having clear and marketable title over the share of property she inherited, she can very well bequeath the same to anyone of her choice, this cannot be challenged by any other person who is aggrieved by her decision to bequeath the property to the named beneficiary alone