• Ancestral property clarification

Hello,

This regarding my dads property, (he is no more), i have to handle these property disputes. 

They are 7 kinds including my dad, (5boys & 2Girls), 
there are some properties of my grand father which are not partitioned by my dad & uncle.
one of my aunt filed a case seeking equal share, 

My query is can we (5sons) go ahead with portion without our aunt's signature, with reference to supreme court recent judgment of no rights to daughters if the father is died before amendment.  

pls help me to know whether we can move with partition. 

Regards
Rohith
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) it is not ancestral property 

2) on grandfather demise your father and his siblings have equal share in property 

3) judgment of Supreme Court is not applicable as it is not ancestral property 
Ajay Sethi
Advocate, Mumbai
24742 Answers
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1) it is not ancestral property as far as your aunt is concerned 

2) property which has remained undivided for four generations would be ancestral property 
Ajay Sethi
Advocate, Mumbai
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Dear sir, you have to take defence in the said case which was filed by your aunt against you. 
C. V. Jadhav
Advocate, Bangalore
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Hi, If the property is the ancestral property then if the father died prior to 09-09-2005 then daughters have no right to claim share in the ancestral properties as per Supreme Court ruling you can go ahead with the partition.
Pradeep Bharathipura
Advocate, Bangalore
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The SC ruling is applicable to only ancestral properties, whereas the property of your late grandfather is not ancestral property for you or his children. The share of your aunts is equal to the share of your father and his brothers, which cannot be alienated without their consent.
Ashish Davessar
Advocate, Jaipur
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My query is can we (5sons) go ahead with portion without our aunt's signature, with reference to supreme court recent judgment of no rights to daughters if the father is died before amendment.  

pls help me to know whether we can move with partition. 

This is basically your grandfather's property who died intestate. The property left behind by your grandfather shall devolve equally on all his own legal heirs which includes your father and his  siblings. The children of your father and his wife i.e., you, your siblings and your mother are entitled to an equal share out of your father's share in that property.   If your paternal aunt has filed a suit for partition seeking her share in  her father's property, she is very much entitled for one such equal share in it, the latest supreme court ruling or the latest amendment to Hindu succession act does not applicable to this subject. 
If no amicable solution is arrived on talks, a partition suit is the best option to proceed in this matter. 
T Kalaiselvan
Advocate, Vellore
15283 Answers
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this properties is not self acquired by my grandfather it is transferred to him from his father.

If this property was transferred to your grandfather by his father, then the status of intestacy is no more available with this property, i.e., it cannot be considered as ancestral property by its legal meaning. It becomes your grandfather's own property which he inturn transferred to your father or left intestate, thereby it has been shared among the legal heirs of your grandfather. 
T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
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