On what basis do you call the property ancestral? Unless your great grandfather was the original owner of the property it is not ancestral. You can challenge the alienation only if you can prove it as ancestral. If the property was originally purchased by your great grandfather, which you are capable of proving through title deeds thereof, you are free to file a suit for partition to cull out your share therein. Your mother does not have a share in the ancestral property of her husband. You and your siblings alone, along with other coparceners, can seek partition.
Share of children in ancient property
My grand father has one Son and one brother. He has 2 sons. I have three sisters. Our father is alive. The ancient agricultural land (Total-9 hectors) is on fathers name. On 26/12/1986 my father sold part of this ancestral property 2 hectors out of these 9 hectors to third person with mentioning boundaries as E- Remaining of said property, W- Dahiwadi-Phaltan State Road, S-Remaining of said property, N- Remaining of said property. But he did not mention Length and width. At that time my father can not take any concent of his brothers, my mother, my sisters. There was no any legal necessity for the transfer of ancestral property. Till today there is no partition in this ancient property in Grand father and his brother. Transferee not come in this property. We all coparceres enjoining common right in said property. The transferee now want possession on 2 hector land at road touch which was sale by my father. 1) Can we i.e. I, my mother and sisters demand partition of ancestral property even our father is alive? 2) How much share of said property we get? 3) How much land can father sale? 4) As there is no partition of this ancestral property between father and his brothers, no fixation of boundaries done in coparcenars till today,if my father sell part of this ancestral property 2 hectors out of these 9 hectors to third person with mentioning boundaries as E- Remaining of said property , can transferee claim right on purchased specific & perticular land? 5) Case laws regarding above 4 questions.
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Hi, you can file a suit for partition of your share in the property as the property is the ancestral property and your father has stil alive so as per latest Supreme Court Judgement you have equal share in the all the ancestral properties.
1) please clarify on what basis you say property is ancestral
2) if it was self acquired property of your grandfather it would not be ancestral property
3) in respect of self acquired property you have no share in said property during your father lifetime
4) if it is anncestral property you can file suit for partition to claim your share in property
1) Can we i.e. I, my mother and sisters demand partition of ancestral property even our father is alive?
Your mother has n rights in your ancestral properties especially when your father is alive. Even you can claim a share out of your father's share only and not from the entire property. In fact your grandfather's property shall not become ancestral property.
2) How much share of said property we get?
Out of your father's share, assuming you have two sisters, you may get 1/4th of your father's share in the ancestral property
3) How much land can father sale?
He can sell his own share of property
4) As there is no partition of this ancestral property between father and his brothers, no fixation of boundaries done in coparcenars till today,if my father sell part of this ancestral property 2 hectors out of these 9 hectors to third person with mentioning boundaries as E- Remaining of said property , can transferee claim right on purchased specific & perticular land?
Without proper partition, it cannot be ascertained that whose property is what, hence the sale deed shall be invalid if there arises a property dispute including a partition suit.
first you challenge the deed by which property transferred to third person because a property cannot be transferred without mentioning its boundaries. Get it demarcation through the court.
you father can all sell properties with the permission of all the coparceners or without permission but in the interest of coparceners. if transfer is mala fide coparcener has right to cancel it.
You can demand partition of property in the life time of father because you have vested interest in it but your mother cannot so claim because she has no right in ancestral property.