• Is this ancestor property or not?

My grandfather(X) got it from his father(Y) after his death approx in 1980 as he was his only child. My granfather is still alive. Below are the 2 questions
1) Now as a granchildren could we claim share on that property? 
2) Can my grandfather sell that property without our consent?
Asked 11 months ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu
As per your question No.1 The foundation of the doctrine of equal ownership of father and son in ancestral property is the well known text of Yagnavalkya. Book 2. 129, which says: “The ownership of father and son is co-equal in the acquisitions of the grandfather, whether land, corody or chattel.” [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243

suggestion grandchildren get the claim in grand father ancestor property , you can file a partition suit in civil court and take the injunction order and moreover your grand father cannot sell without your consent
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
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The property is at par with the self acquired property of your grandfather, which he can sell, gift or mortgage without your consent. Neither you nor your father has any right to claim the property during his lifetime.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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 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.

How does he got this property ? By way of gift or will ? If he got the property by way of succession then .....
If the property is in the name of Grandfather he can alienate the property as per his wish. Grand children have no right over the property. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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The property is the separate property of your grandfather as he got through succession and it has not been divided, which he can alienate. It will assume ancestral character only after the intestate demise of your grandfather. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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it is self acquired property of your grand father as he inherited it on his father death .

2) during your grand father lifetime you have no right on said property .

3) your grand father can sell , gift or bequeath said property to whom soever he desires 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
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yes this property is ancestors property  you can claim over this property
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
Check the title deed of the property and check the Property inherited upto 4 generations of male lineage .. 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. what has been inherited by their respective predecessor.

Most probably it is not an ancestral property. .More over your grand father is alive so you have no right over the property. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. Your grandfather got the property from your grandfather,

2. How did he get it? Was there any deed or will in favour of your grandfather? In whose name the title of the property still stands?

3. If the title of the property has already been conveyed in the name of your grandfather, then it is no longer an ancestral property for you and you can not lay any claim on it.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
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Your grandfather inherited his father's intestate property in the capacity of  legal heir of the deceased therefore he becomes the absolute owner of the property inherited.


1) Now as a granchildren could we claim share on that property? 
Since this becomes your grandfather's own property, not only the grandchildren, even his own children or his wife also do not have any rights to claim a share in the property.


2) Can my grandfather sell that property without our consent?
Yes, your grandfather can sell the property on his own as er his desire and sweet will and wish.  He need take consent for anyone including you. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Now my follow up questions are below.
1. Is this property qualify as ancestors property or not?
This is certainly not an ancestral property because this property was inherited by your grandfather from his father as his legal heir and being only legal heir there is no question of partition hence he becomes the absolute owner of the property, therefore the property does not qualify as ancestral property, moreover it has to pass through 3 generations in the same status for a  fourth generation, it has not passed one generation too till date. 


2. If not why is it so?
read the above answer.




3. If yes I assume I can lay a claim over it?
You may not eligible to claim a share in this, however you may consult a local advocate for all such further issues with the relevant documents.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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