• Ancestral property

Hai Sir/Madam,
 I am S.Angappan from Tamil Nadu. My grandfather passed away in 1938 when my father and his brother was minor.When they attained major in 1948 and partitioned their share of property legally and enjoyed the property.My father died in 2004.My sister filed a case asking for a share because it is a ancestral property.My father owned this property for the past 65 years...Whether it should be treated as a ancestral property or my father's individual property...Please guide me if there is any judgement related to this matter.
Asked 11 months ago in Civil Law from Salem, Tamil Nadu
1) once partition has taken place it would be self acquired property of your father 

2) your sister can claim share in said property by filing suit for partition 

3) better arrive at an amicable settlement with your sister 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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It is not an ancestral property. Your sister can claim share in this 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. 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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The property is not ancestral as it was partitioned between your father and his brother. Consequently, your sister's share is equal to your share therein.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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For judgements you can take search on website Indian kaanoon.com 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Daughters have right in the fathers self acquired property is a settled law. So why you search judgement.....
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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Since your father inherited this property through a partition deed, it becomes his own and absolute property.  Moreover since it was your grandfather's property, there is no question of ancestral property in the hands of third generation and also since the property was partitioned in the second generation itself, it do not fall under ancestral property. 
It is your father's own property and since he died intestate the property devolves equally upon all his legal heirs. 
Therefore your sister being one of the legal heirs of your deceased father, she is entitled to an equal share in his intestate property. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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No this is not required. The law is clear.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1) you have to apply for probate of your father will your sisters may oppose grant of probate . Testamentary petition would be converted into testamentary suit 

2) since your sister has applied for her share in property both suits would be clubbed together 



3) if you are able to prove your father will sister would not be able to claim share in your father property 

4) in the partition suit filed by your sister you have to enclose deed of partition made between your father and uncle 

5) as per latest SCjudgement if father died before 2005 daughter has no share in ancestral property 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.
The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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Wen the law is very clear about this why do you want to rely upon the judgement which may be relevant or not to your case. There are plenty of judgement varying the issues involved on this subject which may not fetch you any proper opinion to your present crisis. 
You have not mentioned that what your lawyer told which is not satisfying you. Always remember one thing that how much big your lawyer may be, it is not necessary that you should cling on him alone even if he is not giving you a satisfactory reply or explaining you the problems and advise you the next step.
If you sister does not want to understand the legal provision or is not recognizing the Will, i is her problem, let she approach court for the reliefs she seeks thereto.  You may challenge her cases properly because law is in your favor if what you have told are facts. 
The position of law is very clear that this property is not ancestral, but if it is intestate property, if your step sister is a legal heir to your deceased father then she may be entitled to a share in the property but since you have mentioned that your father has executed a Will, you may get the Will probated by court of law in order to establish the bequest made in your favor. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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You are free to engage another lawyer if you are dissatisfied with your current lawyer. Look judgments do not help in the court as eventually the person who claims a share on the basis that the property is ancestral has to prove the ancestral character, which can be proved only with documentary evidence and not judgments.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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If there is a will you have to prove the will and legalise your right over the property.It is their burden to prove it is  ancestral property. 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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1. No, it is not an ancestral property in the legal sense,

2. It is neither self earned property of your father,

3. it is a property inherited by your father,

4. As per recent Judgement passed by the Supreme Court, your sister will not be entitled to claim the said inherited property since your father has demised before the year 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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1. Yes as per the recent judgement passed by the Supreme Court, the Indian Succession (Amendment), 25 is having prospective effect and not retrospective effect,

2. This judgement will disentitle your sister from claiming share of your father's property who died intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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1. You have not stated before the your deceased father had executed and registered a will in your favour,

2. If that is so, then your sister can not claim any share on it provided you take probate of the will from the Court,

3. Apply for the probate immediately since without the grant of probate, a will has no value more than a scrap paper.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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