• Share in inherited (ancestral) and joint family property

Sir,
My father died in 27/06/1990. He was inherited 2.13 acre, 0.38 acre Agricultural land and a house in a village from his father.  My father had two daughters and two sons. I am one of the sons of my father. We have following properties, now I am seeking your answers;
1.	After the death of my father, above mentioned properties have been (legally as per law) transferred to me, my elder brother and my mother. My sister names were removed by taking their consent which is done as per the procedure. In the meanwhile, my mother died in 2013.  From last 2 years I requested my elder brother to give my share in the ancestral property, but he is not willing to give my share; 
Sir my questions are, 
If I moved to court how much share shall I get?
Is any chance is there for my sisters to get share in Ancestral property, if so, how will they get. 

2.	In addition to the above property, in 1999, I and my elder brother purchased a site (50 x 70) in our home town. All documents of this property are in my name and brother’s name. For this property, I have following questios:
If I moved to court how much share shall I get? 
And is there any chance for my sisters to get share in the site which was purchased by me and brother, if so, how will they get. 

3.	In addition to the above property, in 2001-02, my elder brother purchased a site (30 x 40) in our home town and constructed a home in that site during 2002 to 2004. For the purchase of site and construction of home, I had given 3.50 lakh. My brother registered that site in his name, reason is that I was not in my home and I was on job in Noida. For the construction of that home, we (both) invested nearly 5.50lakh. out this my brother borrowed a loan of 2.10 lakh from Canara bank; the remaining I paid to my brother by cash. But I do not have any documents to prove that I paid 3. 50 lakh. Regarding this property, I have following questions:
If I moved to court shall I get share? 
And is there any chance for my sisters to get share in the home which was, if so, how will they get.
Is there any provision is available in the law to claim this property as a joint property because it is earned by joint family income
Sir, pls. answer to the above questions.

Thanking you,
Yours truly,

(Dr. M.C. Math)
Asked 11 months ago in Property Law from Mysore, Karnatka
Religion: Hindu
1) it is not ancestral property. On your father death if your sisters had executed relinquishment deed they would not have any share in father property  

2) on mother death her one third share in property would devolve on all sons and daughters equally 

3) you can file suit for partition to claim your share in property 

4) you have equal share in property purchased by you and your brother in your  names . Sisters have no share in said property . I presume it was bought out of your own personal savings 

5) if you have no evidence to prove you contributed Rs 3.50 lakhs for purchase of property in brother name you have no share in such property . Your sisters would also not have any share unless you manage to prove that source of funds of property was from
Joint family income 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Hi, With regard to Ancestral property is concerned you and your brother have equal right over the properties and as per latest Supreme Court Ruling your sisters has no right over the ancestral properties.

2. With regard to the property in the joint name of you and your brother, you and your brother will get equal share in that site.

3,  With regard to site 30 * 40 is concerned it is very difficult to prove your ownership as there is no documents to show that you have paid the 3.20lacks and under this circumstances court will consider it is a self acquired property of your brother.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
hello,
1) You will be entitled to 1/2 of the share in the ancestral property that came down to you after the death of both your father and mother if you make a claim now. The sisters will not inherit as per the amendment to the Act in 2005.

2) The joint property that was acquired  in joint names will give equal rights to both of you and if you file for partition you will get 50% of the property. The sisters will have no rights in the property and they can not make any legal claim.

3) Of the joint property where you made contribution in the making of the house, unless you have proof of your contribution  it would be difficult to establish your right. However if the property was acquired with common income accrued from ancestral property and you are able to prove it, you can stake a claim. Your sisters can not  make a claim successfully.

3) 
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hello,
1) It would be advisable to send a legal notice to your brother seeking partition of all the properties in question.

2) If he refuses to comply then you can go ahead with filing a suit for partition.  Engage a local lawyer to assist you with filing the case.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Whic property are you claimg to be ancestral? The property of your father is not ancestral in hands of his heirs. Unless your sisters executed a deed of relinquishment in your favour they have not lost their share in the property. Mere execution of a NOC by them in favour of their brothers permitting the latter to mutate the property in their favour is not a relinquishment of share in the property. To cull out your share you are at liberty to file a suit for partition in the court.

2. For the second property which you and your brother purchased jointly both of you are joint owners. So you can partition your 50% share in this property.

3. The third property is registered only in your brother's favour, so he is the absolute owner thereof.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
To file the case engage a lawyer.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
If I moved to court how much share shall I get?
Is any chance is there for my sisters to get share in Ancestral property, if so, how will they get. 

First of all it is not ancestral property. 
It was your grandfather's property inherited by your father as his legal heir or as his share.
Therefore the property becomes your father's absolute and own property.
Upon your father's intestate death, the property devolved equally upon all his legal heirs which include your sisters also.
If your sisters have relinquished their rights by executing a registered release deed then they may not have any share n the property. 
If that is so then the entire properties may be divided into two equal shares and you are entitled to one such share.
If your brother is not agreeing for a partition, you may file a partition suit seeking partition and division of the suit properties into two shares and to allot you with separate possession of one such  share considering good and bad soil. 




All documents of this property are in my name and brother’s name. For this property, I have following questios:
If I moved to court how much share shall I get? 
You will get half share in the property as per your entitlement.



And is there any chance for my sisters to get share in the site which was purchased by me and brother, if so, how will they get. 
No, they cannot claim any share in this property which was purchased jointly by you and your brother alone. 




For the construction of that home, we (both) invested nearly 5.50lakh. out this my brother borrowed a loan of 2.10 lakh from Canara bank; the remaining I paid to my brother by cash. But I do not have any documents to prove that I paid 3. 50 lakh. Regarding this property, I have following questions:
If I moved to court shall I get share? 
You should have documentary proofs for the money transaction made in the above issue, or else you can first create a record by issuing him a legal notice stating that you seek partition and separate possession of your share in that property since yo have funded for the purchase of the property and also funded for the construction of the property.  If he agrees to this notice then he is committed on the basis of which you may  file a partition suit seeking your share in the said property.




And is there any chance for my sisters to get share in the home which was, if so, how will they get.
They do not have any rights in this property.


Is there any provision is available in the law to claim this property as a joint property because it is earned by joint family income
You have to prove this with documentary evidence.


How to file a case?
Meet a lawyer in the local with all the relevant papers/documents and take his advise on all such further issues. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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