Claiming share in ancestral property
My father has sold many properties in native village. These properties were brought by my great grand father, his father, etc., Some family partitions have happened in 1950s between my great grand father's family and his brother's family and again in 1980s between my grandfather's family and his brother's family. Some lands were again partitioned between my father and his brother. My father has sold many chunks of land between late 1980s and 2000s. Can I claim my rightful share, even though it is late. Only now I have come to know of all these.
Asked 10 months ago in Property Law from Pondicherry, Puducherry
Hi, as the property is the ancestral property of your father, your father can't sold the property with out the consent his sons.
2. So now you can file a suit for partition of your share in the property including the property which was sold to the others.
Once partition has take place between family members it would cease to be ancestral property
Contact a local lawyer .
By posting this question you want to ascertain that whether the properties will fall under ancestral properties category?
Though the properties were purchased by great grandfather and then by his sons, as per you there were proper partitions among their siblings during that time itself, subsequently also the properties were duly partitioned between your father and his siblings, therefore the properties never acquired the status of ancestral anytime till this date.
As the properties were partitioned and the share holders were possessing their respective shares in the properties, it becomes individual's own and absolute properties.
Therefore whatever property is in your father's possession now shall e his own property and you may not eb eligible for a claiming a share in it legally.
However, you may issue a legal notice to your father and his brothers seeking a share in the properties sold by them in the past without your knowledge and consent and ask them to give your share out of the sale consideration amount they received from it, let them give a reply based on which you may find some grounds to file a suit as per your proposal.
Consult a seasoned lawyer who may be having more different ideas to procure the desired reliefs.
1) From your description it appears that the property is ancestral property. The property has to be handed down four 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.
2) Therefore you can claim your share even now which will affect the sales that your father did with retrospective effect. Gather the details of all the transactions done by your father and the details of the property that he inherited .
3) You can initiate the proceedings with a legal notice to be followed up with with a suit in the court. Engage a lawyer locally to assist you.
1. Since the title of the said properties were changed because of partition, those properties did no longer stand in the name of your great grandfather or his father,
2. So, those properties are not legally called ancestral properties to give you right on those properties.
Those properties which have been partitioned, ceased to be ancestral. If there is an undivided property which had been originally purchased by your great grandfather then you can file a suit for partition to claim your share therein. To stop the alienation of the property you can seek injunction from the civil court.
Most probably the properties are not comes under 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. what has been inherited by their respective predecessor.
If you think it is ancestral one send a legal notice for getting your share . After getting a replay file a suit for partition.