• Land partition

Our house is an ancestarial property which is registered under my grandfather's name. My grandfather has a son (my father) and three daughters (all married). My grandfather passed away in 1975 and my father passed away in 2013. As per the judgement passed by the honorable supreme court in Oct 2015, are my grandfather's daughters eligible to get any part in the house?
Asked 1 year ago in Property Law from Balangir, Odisha
Religion: Hindu
1) it is self acquired property of grand father and not ancestral property 

2) on grand father demise your father had one fourth share in his property 

3) the SC judgement would not be applicable to facts of your case and your aunts would have equal share in said property 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
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Hi, as per the latest  Supreme Court ruling your aunts has no right to claim  the right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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Hi, in the above circumstances all the legal heirs has equal right over the property including your aunts. 

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1. The property is not your ancestral property but your grandfather's property,

2. Since your grandfather died before 2005, his daughters can not claim any share on his property.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. Your Aunties are not eligible for any share of your grandfather's property,

2. The property will now be owned by all the legal heirs of your father who died intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1.Since the property was registered in the name of your grandfather, it does not sand as an ancestral property for you,

2. The property will now be owned by the legal heirs of your father as informed in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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A. Since your grandfather purchased the propertythat it cannot be considered as ancestral property. It is a self acquired property. If you want to establish any property for ancestral, it must have 4 generation without interruption.

B. In your case, you aunts are having equal right over the property. When a male hindu died intestate (without make a will) that all the class I legal heirs will have equal share over the property.

C. Recent judgement of the Supreme Court doen't applicable in your case, it is applicable only for ancestral property.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1) on your great grand father death your grand father inherited the property as his legal heir 

2) it would be self acquired property of your grandfather 

3) your aunts would have share in said property 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
A. As you said even though it was purchased by your grandfather's father that it has been registered in the name of your grandfather. And even if it was registered in the name of your grandfather's father that won't be considered as ancestral for your father concern and it has to be partitioned between your father and aunts as per the law of sucession after the demise of your grandfather who got the registration which means it should be inherited by your father and aunt under the Section 8 of the Hindu Sucession Act,1956.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
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your aunts are not eligible to get partition of the land because that land was already transferred to legal heirs of your grand father. When ancestral property devolved on your father and other son of your grand father daughters had no right in ancestral property. Because daughters were not included in the coparcenery before year 2005. only coparcener has right to get ancestral property by inheritance. Even a minor son has right in the ancestral property because he is a coparcener by birth and at the time of his birth he accrued that right. 

supreme court has held in a recent judgment that when father is died before 20 december 2004 then daughters have no right to claim their share in ancestral property. 
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
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After  the registration of the property in your grand fathers name the status of property change as self acquired property. If your grand father died intestate with out making any document regarding his shares all the children have equal right in his property. each of the person can get 1/4 share .

What is ancestral property ?
 Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

 What is not ancestral property ? 
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. If the property is registered in your grandfather's favour then it is not ancestral in character. Since the property is not ancestral the share of his daughters is at par with that of his sons. All his children have succeeded equally to his property. 

2. Any one among the sons or daughters of your grandfather is at liberty to file a lawsuit for partition to cull out his/her share in the property.

3. The property may have been purchased by your great grandfather but if it has been registered by him in favour of his son i.e your grandfather then it does not take ancestral character. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. In your case the property does not comes under ancestral property so they get the share
.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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From your question it can be ascertained that your grandfather's father purchased the property directly on his son(your grandfather's) name, therefore it becomes your grandfather's absolute and own property, thereby it is not an ancestral property even in your hands.

Reportedly your grandfather died intestate in the year 1975, your father's sisters being legal heirs to your grandfather are very much entitled to a legitimate share or rights in the property. They can seek partition even now because for filing partition sit there is no limitation.


Your aunts are very much entitled and eligible for an equal share in the properties left intestate by your grandfather, this share will be equal to that of your father's share. 



This cannot be considered as ancestral property to your aunts, hence they are very much entitled to an equal hare to that of your father. They can seek partition.

T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
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