Ancestor's property and shares to childrens and grand childrens
Hi All,
There is a ancestor property (old house in a remote village of Karnataka state belongs to grampanchayat) at my native, this property was self acquired by my grand father may be 50 years back & we have been paying the tax for the same from beginning to till date.
My grand father died may be around 40 years back, then our house katha of the same property transferred to my grand mother.
My grand parents has 2 children 1, elder son (my dad) & a younger daughter (my aunt - dad's sister).
My grand mother died (28th October 2009) and also my dad died is the year 2003 on 20th December.
Me and my younger sister are the only 2 children for my parents (we were saled our old garden to cover my younger sister's marriage expenditure during her marriage (I didn't take any share in that money at that time, I was young at that time and my relatives asked me to sign while saling the old coconut garden and its done now) and also I took care of her 2 children's expenditure during the delivery ).
I used to study in my relative's house from high school and busy with studies in Bangalore, my mom went ahead and transfered the house property katha to her name in 2010 (without even informing me).
Now my mom says I will do the equal sharing of the property between me and my sister.
Adding to that my dad's sister is also requesting for a share.
I am bit worried, being the only grand son for my grand father, I would like to know how much rights I have to this ancestor's property and will my sister also got equal rights for the same ?
How about my dad's sister, will she has any rights to request for the share in this property?
Awaiting for responses with clarity so that I could proceed further to fight for my ancestor's property.
Regards,
Vinay
Asked 8 years ago in Property Law
Religion: Hindu
Hi Sir, Thanks for the response, I don't understand why its not ancestral property (my grandfather did acquired, registered this property).
Sorry If i am mistaken here.
Meaning of Ancestral property:-
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling].
In Mulla’s Principles of Hindu Law (15th Edition), it is stated at page 289 :
“………. if A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’s father, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases ………. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.
Asked 8 years ago
thanks for all the inputs, I understand now they took all possible help from me when I was all alone (single). I was struggling to study (studied in a relative's house as my parents were UN-educated and not in a situation to help me for my studies), worked like a slave in my relatives house till I complete my studies, after that when I started working, they all asked me you are the elder son help your sister and aunt when ever there is need for money & I did blindly gave what ever I had to them (I wasn't thinking anything legal or all I did is just with humanity), now there is nothing left other than that old house and they all want share just because legally they all can ask.
They didn't even leave small cups and plates in that old house, they took everything from that house and they didn't gave any share when they sale our old coconut garden when I was young, they just took my sign and thumb impression and saled the garden, they spent the same money for my sister's marriage expenditure, shared some money with my aunt and rest of the money is kept in my mom's FD account.
As I am staying here in Bangalore in a rental house and purchased everything for living from my own pocket.
That is fine, I will leave that old house to them and start my life freshly without even taking my share if they want my share also, I will just ask them to take that. I do still take care of my mom as I did from last 8 years.
Regards,
Vinay
Asked 8 years ago
@Ajay Sethi Sir, I feel you are really genuine Advocate & thanks a lot Shashidhar Sir for the good advice, I believe in humanity first, let my mom, sister & aunt decide what they want. I won't worry much now as my struggling days are over, me and my wife both are working and studying as well, my wife is legal executive in ITC Infotech and studying Company Secretary, myself working for reputed MNC and studying AMIE, we work with ethics and earn in good path, so will not go greedy on that property.
Thanks a lot all.
Regards,
Vinay
Asked 8 years ago