• Division of shares in ancestral property

Dear Sir
I want to ask a question related to division of shares in ancestral property.
My father died intestate in 2007 leaving behind his wife, 2 son (unmarried), 2 unmarried daughter and 1 married daughter.
one of son who got job on compassionate ground has been died intestate in 2010 leaving behind a widow but no child. Widow got job on compassionate ground. presently situation is my father's wife (my mother), one son (myself unmarried), widow (unmarried) and 3 married sister are there. So I want to know-
1) what is the status of division of property of father ancestral as well as self-earned?
2) what is the division of brother's property, he died intestate, so will his property be bifurcated between his widow or mother or his widow will get whole share, provided she has no children and she is unmarried? and what will happen to the property if she remarriages?
3) what is the share of daughters in movable and immovable property of father? and how they can get it? whether they have share in agricultural land or not?
Asked 1 year ago in Property Law from Kanpur, Uttar Pradesh
Religion: Hindu
1) it is not ancestral property of your father 

2) on his demise your mother , 2 sons , 3 daughters each would have one sixth share in property 

3) in death of one son his share would devolve on his wife 

4) remarriage will not affect widow share in property 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1) what is the status of division of property of father ancestral as well as self-earned?

Even the ancestral property was in his possession as his own property with your father which was mingled with his self acquired property during his life time, now the entire properties are intestate and devolve equally on all his legal heirs consisting his widow, children and legal heirs of his deceased son.
In the given situation the entire properties shall be divided into six equal shares and one each shall inherit  their  respective share as per the mutually agreed conditions of partition, if this isnot possible, then a partition suit can be filed before a court of law for partition and separate possession of the properties left behind intestate by your deceased father.   The legal heirs to your father will be your mother, yourself, your three sisters, the wife of  your deceased brother.  



2) what is the division of brother's property, he died intestate, so will his property be bifurcated between his widow or mother or his widow will get whole share, provided she has no children and she is unmarried? and what will happen to the property if she remarriages?

This question has been answered in the above lines, however, if  the widow remarries, after partition, then the share allotted to her cannot be reclaimed. 


3) what is the share of daughters in movable and immovable property of father? and how they can get it? whether they have share in agricultural land or not?
They are entitled to an equal share even in the agricultural landed property.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
The Uttar Pradesh government has proposed amending the law to enable girls get equal rights of inheritance in their parents' agriculture land.  The government  proposed amendment in the UP Zamindari Abolition and Land Reform (ZALR) Act 1950 to give girls equal rights in their parents' agriculture land.

The act would be amended during the monsoon session of the state assembly, starting August 18.   But till this date only the existing law prevails. 



Additionally I want to know whether any co-owner mentioned above is entitled legally to sell his/her share to someone outside family? if yes, can they sell a specific portion of house/property?
Yes, a co-owner can sell the undivided share of the property for this if there is a buyer willing to buy and get his share when the partition takes place, this transaction can be held valid in the eyes of law. 


What can be the way for family members to sell or gift their share to any other family member?
A co-sharer can sell or gift the property to anyone including to a member of the same family/household.  Alternately, a co-sharer can execute a registered release deed in favor of any one of the co-sharers by taking consideration amount or otherwise. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Step By Step Answers to your queries. 

1. All the ancestral property except the agricultural land will be divided equally among mother, yourself and widow. The married sisters will not have any share in the ancestral property.

2. Your Brother's wife is legal Heir of your brother and she would be get the property of your brother's share. 

3. The married daughters will not have share in agricultural land as they are married (and that's ancestral) , they will have equal share in father's property . Generally married daughters write a relinquishment deed and give u their shares. 

4. Yes a co owner can sell his share of land if it has been already partitioned and demarcated. If the house has an independent access  it can be sold but if it has a common access it can not be sold to outsider withour permission of the others in the family.

5. The family members can gift the property with in the family through gift deed , properly stamped ad registered. 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
1)  Section 171 of the Zamindari Abolition and Land Reforms, 1950 Act clearly lays down that in case a male tenure holder dies then his son or his male descendants will come to inherit his rights in the holding of land. His own daughter and son’s daughter and the descendants of daughters have been excluded for this purpose

2)A married daughter has been completely excluded. If no male descendant is there, the rights of the deceased would come to be inherited even by his brothers or other male relatives but not by his own daughter. In categorical terms, the Act has preferred the brother of a deceased to a married daughter of the deceased for inheritance in tenure holding. Thus, even in a nuclear family where there is no male survivor, the married daughter cannot inherit the rights, rather her uncle has been found by our legislature in its wisdom, to be a suitable heir to inherit the tenure holding.
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1) Section 44 of transfer of property act says -
Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.

2) a person who takes transfer from another, steps into the shoes of his transferor, and is clothed with all the rights and becomes subject to all the liabilities of his transferor. In short, we can say that he becomes as much a co-owner as his transferor was before the transfer. 

3) if co owner has sold his share outside the family purchaser can sue for partition of the property 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1. The legal heirs of your father i.e his widow and all children have succeeded to his self acquired property as well as his share in the ancestral property.

2. The share of the deceased son has devolved on his widow and parents in equal proportion. Her remarriage will not abrogate her right to succeed to the share of her deceased husband.

3. The daughters have an equal share in the self acquired and ancestral property of their deceased father regardless of whether the property is agricultural or not.

4. Uttar Pradesh Revenue Code, 2006 does not diminish or curtail the right of succession which has been conferred on the daughters.

5. There is no co-owner in this case as the property is undivided even after the succession has taken place.

6. Any of the legal heirs is at liberty to file a lawsuit for partition to cull out his/her share in the property.

7. Unless the partition is done no heir can sell his share in the property to a stranger, albeit any heir is at liberty to execute a gift/sale deed to gift or sell his/share to any other heir.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Hi, in your case property belonging to your father as he has not bequeathed any property by way of will so all the legal heirs of your father has equal right in the property.

2. As far as property in the name of your brother only his wife is entitled for share and you can't claim right over the property.

3. From the 2006 amendment the daughters have equal rights over the ancestral property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0