Both your and your father's property is self-acquired. They can't claim any share in that as only undivided property for 4 generations is considered ancestral as per law.
Ancestor or self acquired property
My grandmother purchased an agricultural land of 4 acres 50 years back(before 1975) with her own money. She died in between 1970-1975 without any will deed. After 5-10years of her death property transferred from my grandmother name to her two sons equally (my dad and uncle) each 2 acres and each got pattadhaar passbooks in their name. My grandmother expired(died) before my father marriage. Now I bought 2acres of land from my father through sale deed in JAN 2021. I have 3sisters and they filed partition suit on my dad and me to share property in 1/5th.And they requested court to pass injunction order. Are they eligible to get their share? Will it become self acquired or ancestor property to my dad? What are the chances for me to win this case considering the property of my dad as self acquired.
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
inherited property is not ancestral property
2) sisters have no share in property during father lifetime
3) father was at liberty to sell the property to you by sale deed
A coparcenary or ancestral property is one which is inherited from the common ancestor in Male line upto 3 degrees above the present generation
Thus if the property is inherited from father or grandfather or great grandfather then it can be said to be ancestral in the hands of generations descending from the common ancestor
Here this property is inherited by the sons from his mother
So that is their self acquired property
Your father is still living
The property is his self acquired property and so the daughters cannot claim any coparcenary rights and claim partition to get their share
They could file a partition suit only after the demise of your father as his legal heirs seeking a partition among the legal heirs of the deceased father
You need to file an application for rejection of plaint as the sisters do not have any cause of action at all to seek a partition
The 2 acres devolved on father from grandmother becomes ancestral property in the hand of father in which all the sons and daughter will have equal share. Suit filed by sisters is valid suit and they are entitled to get there 1/5 share.
Dear sir,
Firstly, you must know that any self-acquired property loses its ancestral nature and can not be inherited by you siblings. They don't have any claim over any of its shared.
Your father could rightly sell you that property to whoever he wished to and the sale deed is valid. Thank you.
1. Your sisters' are not eligible to claim share as a matter of right.
2. It's self acquired property in your father's hands.
3. Since you bought your father's self acquired property by paying consideration amount, it's likely that your sisters' contention may not be accepted by the Court.
- As per law. after the death of your grandmother , her self acquired property would be devolved upon her all legal heirs equally , i.e. her husband and children.
- Further if your father has got his share after partition , then also that property would be become his self acquired property .
- Further , if your father has died intestate , the his property would be devolved upon his legal heirs , i.e. sons and daughters equally.
- Since, you have purchased the said property from your father , then your sister having no right to claim during the life time of your father.
- Hence, the suit filed by your sisters are not maintainable , as this property not come under family property .
This property belonged to your grandmother, hence it is not ancestral property to anyone.
Further subsequent to her death, her two children divided her property equally by which they both became absolute owners of their respective share of property.
By this, your father being an absolute owner of the property is the authority over the property hence he can transfer or alienate the property in any manner and to anyone of his choice.
Therefore the transfer of proeprty to you by a registered sale deed is his own decision which cannot be challenged by your sister and also her claim for a share out of the property purchased by you is also not maintainable because you are the absolute owner of the property purchased by you by a registered sale deed.
Your sister's partition suit or a suit claiming any share in the proeprty is not tenable in law as she has no rights in that property at least not during the lifetime of your father.
