• 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 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) it is not ancestral property

2) it is self acquired property of grand father .

3) on your grandparents demise your father and aunt had equal share in property

4) on father demise your mother , you and your sister inherited father 50 per cent share in property

5) on mother demise you and your sister would inherit said share 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1) The self acquired property of the grand father on his death without leaving a 'Will' devolves to his Class 1 Heir who in this case will be your father and aunt 

2) property which has remained undivided for 4 generations would be ancestral property 

3) property can be construed as ancestral if this property was actual owned by your great grand father & it passed on down the line to you & your sister
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. Your father and his sister (your aunt) are entitled to equal share in the property, I.e., each of them are entitled to 50% share in the property.
2. Since your father is deceased, his share of property (limited to 50% only) shall be sub-divided equally among his legal heirs, I.e., your mother, you & your sister in the ratio of 1/3rd to each one of you.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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1. Being a layman you are not competent to understand and interpret law, so do not extract such statutory references. The self acquired property of grandfather is not ancestral.

2. Your sister and aunt have an indefeasible share in the property which they can cull out through a suit for partition. 

3. On the demise of your father his heirs i.e widow and children succeeded to his share in the property. Your mother is at liberty to alienate her share to anyone she desires. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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It is your call. The legal position, as it stands today, is that the property of a male dying intestate devolves through succession on his heirs. 
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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1) you have shown great deal of maturity in not hankering after property . 

2)  you have done your duty towards your mother and sister 

3) you paid for sister marriage and looking after your aged mother for all these years 

4) if inspite of your efforts if your mother and aunt want share in property give them what they demand 

5) it does not make sense in washing dirty linen in public 

6) amicable settlement is best option 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Do not get frustrated as you have done yeoman service to your relatives and that service, though legally not recognised due to no record available for the same to prove your point.
2. To stake a claim legally, one should have sufficient evidence.
3. Better to accept your share in the property and try to build a much higher one over the same.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Since you have competence and experience at your back you can make much more than what they are claiming. Any legal battle is likely to be financially and mentally taxing.

Wish you all the best!
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Thanks and best of luck for all your future endeavours.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
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 propert

Basically this being your grandfather's self acquired property, it shall not be classified as ancestral property.
Upon the death of your grandparents, the intestate properties devolve equally upon their legal heirs consisting of your father and his sister.
Since your father died, his share, i.e., 50% share in your grandfather's property shall devolve on all his own legal heirs consisting your mother yourself and your sister.
The other 50% share out of your grandfather's property shall belong to to your paternal aunt who is one among the legal heirs of her parents. 
Being the only grandson does not makes you eligible for any special privilege in the property laws. 
You have to give a share to your paternal aunt and also to your own sister.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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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:-

It is very clear from your own quote that this property shall not be classified as ancestral property, you read the phrase once again to understand them properly.
Actually this is the difference between an ordinary man reading the law and the lawyer interpreting the law. 
The ancestral property means it shall fall into the hands of fourth generation as it is in the format it was purchased. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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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.

You should not feel so much vexed about it. You have a legal right to a legitimate share in the property, you can very well claim and try for an amicable partition with your own people and then decide what is to be done with your share of the property so inherited. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

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