• Share in ancestral property - please guide

Dear Sir, 

We have a property in West Bengal which was made by Father of my great grandfather. The mutation and division has been done through a court decree uptill my grandfather and his brothers and there is no dispute on my grandfathers share and has been mutated accordingly.

My Grandfather died on 90's intestate leaving behind my Grand mother, 2 Sons (My Father- Elder Son and My Uncle - Younger Son) and 4 daughters (All Married). 

In his life time my Grandfather (since the property was in his name) realized all the rents in his name by issuing rent receipts and transferred the collection to his own HUF (maybe for Taxation  purpose?) of which he was then a KARTA. After his death my Grandmother made a entity which was named as "ESTATE OF XXXX" where XXXX denotes my Grandfather's Name and started realizing rent through issuing Rent receipts in this name and style with she being a signatory to receipts and all proceeds are being deposited in bank account bearing name "ESTATE OF XXXXX".

My father eventually died intestate couple of years back  leaving behind my mother and 2 sons (Myself and my younger brother). 

So, in essence we have following descendent of my Grandfather alive today:

1. My Grandmother (Wife of my Grandfather)
2. My Uncle (Younger brother of my father)
3. My 4 Aunts (Bhuas, daughter of my grandfather)
4. My Younger Brother
5. Myself
6. My mother (though not a descendent of my grandfather, but must be a share holder in property)

P.S: We have ancestral property located in Rajasthan also.  

Question: 

Considering the situation, may I please request learned members to please suggest:

1. What are my rights to this property?
2. Can we (My mother, Brother, Myself) be denied any of the share?
3. Is the stand of my Grandmother realizing rent in name of "ESTATE OF XXXX" legal?
4. Could her realizing rent for more than 12 years will eliminate our rights?
5. Can 4 daughters of my Grand father claim any rights in this property?
6. What kind of legal steps needs to be initiated for claiming our share (Which suite, against whom and where in terms of jurisdiction)
6. Provided that we have property in Rajasthan in same name as well, can we combine all properties and make it a jurisdiction and file in a court which qualifies for pecuniary jurisdiction?

Many thanks for reading this through and extending your kind advice. 

Thank you.
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. You have due share in the property.
2. No, you can not be denied.
3. Yes but the realisation is liable for equal division.
4.No
5.Yes
6.No, since the state is separate, separate suit have to be filed/
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1) on your grandfather death your father had one seventh share in property 

2) on your father demise his share would devolve on your mother you and your brother 

3) merely because grand mother is collecting rent for 12 years will not eliminate your rights 

4) grand daughters have no right during lifetime of the legal heir of your grandfather 

5) issue legal notice to claim your share 

6) suit for partition had to be filed to claim your share in property if they refuse to give share as per legal notice 

7) suit has to be filed where property is situated . 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. After the demise of your father his heirs i.e his mother, widow and children have succeeded equally to the share which he got in the property of his father. 

2. If there is a consensus then a deed of partition or family settlement can be executed to amicably divide the properties, failing which any of his heirs is at liberty to file a case for partition in the court to cull out his/her share in the property.

3. Your share cannot be eliminated.

4. Realization of rent does not impair or abrogate your rights. You have the right to seek apportionment of rent among the heirs.

5. The daughters of your grandfather succeeded equally along with their brothers to the property of their father.

6. Pecuniary jurisdiction is not relevant here as the pecuniary jurisdiction does not cover the properties which are outside the local jurisdiction of the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. What are my rights to this property?

You have a rights in the property as a coparcener for a share in the share of the property that belongs to your deceased father.



2. Can we (My mother, Brother, Myself) be denied any of the share?

As legal heirs to your father, your mother and all others are entitled to a share out of the share of your father in the ancestral properties.  In fact  you and your brother shall be vested with the coparcenery rights out of the share allotted to your father as his share in the ancestral property and this share of your father shall again be divided into three shares, with one such share to you and your brother and the remaining hare of your father will again devolve on the four legal heirs of your father consisting your mother, you both brothers and his mother.   Therefore there is no question of denial in any manner. 



3. Is the stand of my Grandmother realizing rent in name of "ESTATE OF XXXX" legal?

Actually it is mesne profits and the income are to be distributed to all the shareholders properly hence as a trustee your grandmother can receive and distribute the same to all other share holders, she cannot retain the entire amount with herself. 



4. Could her realizing rent for more than 12 years will eliminate our rights?

No.   The partition claim has not barred by  limitations as per law. 




5. Can 4 daughters of my Grand father claim any rights in this property?

Since the properties remain unpartitioned, the 4 daughters can claim right to a share in the ancestral properties as a coparcener as per the amendment to the H S Act 2005. 



6. Provided that we have property in Rajasthan in same name as well, can we combine all properties and make it a jurisdiction and file in a court which qualifies for pecuniary jurisdiction?

Yes a partition suit can be filed in one place itself mentioning properties situated in various locations too. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1.. The property is shown as a property belonging to a HUF of which your grandmother is the 'Karta',

2. In HUF, married daughters as nit members since they have become part of another family,

3. Your mother will step in to the shoes of your deceased father in the said HUF,

4. However, if the property is no longer treated as a HUF property, then your grandmother and all her children will get equal share of her husband's property and your mother along with other legal heirs of your deceased father will equally share the share of your deceased father in his father's property,

5. The same principle is applicable for other properties of your grandfather,

6.Your mother and all her children should file a partition suit claiming their share of the property,

7. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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