Kindly clarify on what basis you say it is ancestral property
2) property inherited by your father on your grand father demise is not ancestral property
3) father cannot distribute ancestral property as per his wish
Dividing ancestral property
We are a hindu family. My father has 2 sons. me and my brother. Mother is not alive. We have 24 acres of agricultural property which is ancestral property and not purchased by my father. Father is 80 years old. He dont want to distribute the property equally between me and my brother. He want to give more share to my brother. Since it is a ancestral property, can my father has rights to distribute as per his wish? or me and my brother should get equal share? Please give suggestion about how to handle this situation
Asked 2 years ago in Property Law
Religion: Hindu
16 Answers
Ancestral in what manner ? Is it purchased by your grand father or Great G F ? If grand father, then your father is sole owner and can settle the property as he likes.
The land is purchased by my grand father. Means by my fathers father
Asked 2 years ago
If grand father left a will tjen private of will is required
you can object to grant of probate and testamentary petition gets converted into suit
also file suit for partition
1. My fathers father(Grandfather) has purchased the land. 2. Grandfather has not left any will In the passbook given by the government it is written as ancestral property. So this property is considered as ancestral or not? Can my father distribute as per his wish?
Asked 2 years ago
Property inherited by father on grand father demise is not ancestral property
father can distribute it as he so pleases
Do you have any child ?
IF yes then property has acquired ancestral status. Even your child also have share in the property.
If no child then your father is sole owner.
If your father inherited this property from his father then it will become your father's self acquired property.
If so he distribute the same as per his choice and discretion.
If you believe that it is ancestral property by application of legal definition then you can file a suit for partition, by which you can claim one third share in the property, that is, the property will be divided into three, your father, brother and you can get one share each out of ancestral property.
Your grandfather's property is not ancestral property, therefore the property inherited by your father becomes his self acquired property.
The Patta passbook is not a title document.
If the property was purchased by a registered sale deed by your grandfather then upon his intestate death it shall devolve equally on all his legal heirs.
Your father, as one of the legal heirs, inherited his share of property, thus it becomes his self acquired property.
The status of the property as entered in the passbook is not relevant to the legal status of the property.
Such entries are made by the ignorant revenue staff, hence any case filed on that basis will not be maintainable in court of law.
As your father's father purchased the land, it is not an ancestral property. If your father had inherited his share from your grandfather through gift or partition or family settlement, that became his absolute and exclusive share, as good as his self-earned one. Your father could deal with it in any manner he deems fit.
- As per law, an Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.
- Further, a person cannot transfer an Ancestral property by way of a WILL or gift deed as per his own choice and without taking the consent of other members of the family, hence an Ancestral property cannot be sold without the consent of successors in case of major and in case of minor, permission of the Court is mandatory, and finally the father cannot sell the property to anyone, and even if he sold an ancestral property then it can be reclaimed by his legal heirs.
- Hence, your father cannot transfer the said land to your brother without taking your consent.
1. As per your narration, your grandfather bought this land and died intestate (without executing WILL).
2. On the intestate death of your grandfather, the property shall divide equally to his mother (if alive), wife ( your grandmother -if alive) and all the children ( including daughters). Assuming that your father was the only child to your grandfather and the only legal heir to succeed to the estate of your grandfather, then in your father's hands the property inherited by your father will be his separate property having the characteristics of self acquired property.
3. Based on above, being the owner of self acquired property, your father can distribute the property as per his wish and sweet will during his lifetime.
4. Convince your father to distribute the property equally amongst his children.
If the property is ancestral, Your father cannot give that property according to his wish.
You can approach civil court of your jurisdiction if your father actually go ahead with this.
If its ancestral then there has to be equal division
If your GF had purchased this property then you need to ascertain whether the funds for the purchase were self earned by your Gf or were from some other ancestral property or income from such property...and also ascertain whether or not the property though originally was self acquired by your GF but subsequently thrown by him into the common hotpotch of the HUF...answers to these will help you determine whether or not the property is ancestral or self acquired
The property will be divided in three equal parts if partition is done while father is alive. Each will take one third. Father can transfer his one third to your brother making him owner of two third. He can give is 1/3 to your brother not more than that. After father property will be divided in two equal shares between you and brother. It is wise to get the property divided after father. But father bequeath his one third by will to brother.
Dear client,
Since the property in question is ancestral property and was not purchased by your father, he does not have the absolute right to distribute it as per his wish. Ancestral property is defined as any property that has been inherited up to four generations of male lineage and has not been partitioned by the family. As per Hindu law, ancestral property should be divided equally among all the legal heirs.
As per the given facts, you and your brother are the only legal heirs to the ancestral property owned by your grandfather. Therefore, both you and your brother have an equal right over the ancestral property, and your father cannot unilaterally decide to give a greater share to your brother.
In case your father still decides to distribute the property unequally, you and your brother have the right to approach the court and seek a partition of the property. The court can direct the division of the ancestral property into equal shares between you and your brother.
It is important to note that the process of partition can be lengthy and complex, and it is advisable to consult a lawyer with expertise in property law to assist you in the process. Additionally, you and your brother may also explore the possibility of reaching an amicable settlement through mediation or negotiation.
Yes if it’s not divided by grandfather in his life time then it’s a ancestral
