• Brothers right over ancestral property

My father got a land property by partition deed among his family  of 5 brother. The land as per deed is 33 cents but when measured it comes out 54 cents . As per deed my father got  4 cents  in addition to this he got my grandfathers share of 9.5 cents as per my grandfathers will.  Due to long time, the complete land was  occupied  by huts and slum dwellers for some time. At this stage my cousin(father’brother’ son)came to picture and approached all with a deal that he will see that land will be vacated and for that some  land( our portion will be 6 cents) will be given to him If he succeded  only which was agreed by all. This deal was not conveyed to my brother because my father promised orally  to give this to me(at the time partition of our property with my brother  if my cousin succeded  myself and my brother will share father’s properties  equally, if my cousin did not succeed I will not claim for equal property rights  I will bear  the loss {occupied by slum dweller cannot be vacated due to tribal law(BHADRACHALAM, KHAMMAM DISTRICT)}.   AT THIS STAGE SOME MISTAKE AS DONE. Due to old age and other, my father told my cousin that the complete land was equally divided by 6 share and he got his share as well his fathers share. At this time of deal  only 2 survived (my father and my fathers brother only all other expired) partition deed also not available, Later on my 2nd brother traced it when we gone through it the land was not divided equally. Now that cannot be repaired as reallocation and repartition deed for this land portion of property was made in MRO OFFICE.  Due to this we suffered a loss like this 
The land after all deals will be like as per my father’s   commitment with rememberance……9 cents + 9 cents =18 – 6 cents to cousin = 12 cents
As per deed: father share 4 + 9.5=13.5 As per surveyed ..proportional   increase is  54*13.5/33=22 cents  -  6 cents to cousin = 16
Now my brother claims this land also.  Since he does not inform all the above  he claims his share in the land as  11 cents.
Now  what is his legal equal share in the above land?
I am looking after my parents for 20 years.  He practically neglected them. He is adamant   uncompromising, litigant
What is his right in my fathers property ie  1/3  or ½  or more by sympathy
Asked 7 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
Is your father still alive? If the answer is yes then during his lifetime none of his children has any share in his property, whereas after his intestate demise his property will devolve through succession on all his surviving heirs i.e widow and children. In so far as devolution of property through succession is concerned, it is immaterial as to whether the legal heir who claims succession to the property of the deceased, neglected or performed his moral duty to tend to the latter during the evening of his life. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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The children s have equal right in fathers property if the died intestate . If they are alive nobody has right over the property. They can alienate the property as per the parents will .So your brother has no valid claim over fathers property if he is in alive.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1) once partition  of land has been done by your father with his brothers it would be your father self acquired property . 

2) your brother has no share in said land during father lifetime 

3) your father can bequeath hi share to whom soever he pleases or sell , transfer , create third party rights on said land 

4) on your father demise intestate your mother , you and your brother would have equal share in said land 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Firstly the law should be understood that once a proper partition takes place, the nature of ancestral property extinguishes.
Further, you have not stated that this property came out of ancestors.  It was your grandfather's property duly partitioned by his sons.
In any event, the share of property got through partition by your father alone can be subjected to further partition among your father and your coparceners. 
The property inherited by your father through the testamentary disposition i.e., by a Will of your grandfather is your father's own property which cannot be claimed as ancestral property. 
The property acquired by your father through a will shall become his own and absolute property in which neither you nor your brother can claim a share as a right during your father's lifetime.
Since your father is alive now, he can dispose his property in any manner as per his will and wish  and to anyone of his choice. 
Nobody can force him to partition and allot his share which is illegal.
Further since your narration is more confusing instead of convincing hence without seeing the relevant papers or property related documents, a concrete opinion  about anyone's entitlement cannot be ascertained,  therefore produce all the documents before a local skilled and knowledgeable lawyer and get his further opinion on all such further issues.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. Is your father still alive?

2. Since your father is the title holder of the property who made the said deal with your Cousin, your brother has no locus standi in claiming any share of his father's property,

3. He can only put his claim after the demise of your father, intestate, alleging that your father was coerced in to signing the agreements,

4. If your father s alive, get all those agreements executed and registered by him
. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) only with your father consent can division take place

2)sons have no share in property received by father under partition deed during his lifetime

3) no share in property received by father under will 

4) brother cannot claim any share in the property during your father lifetime 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. Like the way my father and my father’s brothers divided the property can’t we divided my father’s property among ourselves ie 2 sons 2 shares and one share to my father eventhough  he is alive like my grandfather. My father is still alive

Your grandfather willingly partitioned his property among his children which was not disputed by his children.  However if your father is willing to partition the properties now in his hand, it is his choice which you nor your siblings can force him to do so, because the properties in his possession are his own absolute properties.







2. what is the right and share of of sons over the property that my father received under partition  deed

The property your father received through partition shall become his own and absolute properties.  Neither his wife nor his children or anyone can claim a right or interest or share in the said  property 







3. under “will”

He has to make a testamentary disposition on his own and the bequest may be enforced by the beneficiaries only after his lifetime.





 4.whether my brothers contention regarding the loss of property is tenable  whether my father  is alive or not whether the property is received under partition  or by will

Any one can opine about anything in this country where everyone has a right to think, speech etc, but that cannot become law. 
The position of law has been explained, it depends how you want to understand and take the things.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. Your father and his brothers could partition the properties of your grandfather when he was alive because  he agreed for the said partition. You can also make partition of your father's properties amomgst yourself if your father agrees for it. If he does not agree for the said partition, you can do nothing since it is his property,

2. & 3. Sons and Daughters have no right on their father's properties during his lifetime. They will have equal right on his properties if he dies intestate,

4. Your brother's has no claim n your father's properties till he is alive and your father is within his rights to do whatever he feels to do with his properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
If your father is alive you have no right over the property.After your fathers demise both of you have equal right (1/2 share) in the property. The same time  your father can execute a release deed or gift deed infavour of you or your brother as per his wish in his life time.

Will the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.A Will is a document which ensures that your wishes with respect to your assets and property are followed after your fathers death.a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator


The children s have equal right in fathers property if the died intestate . If they are alive nobody has right over the property. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. The sons and daughters along with their mother and grandmother are the legal heirs to their father, so each one of them succeeds equally to his property.

2. The will always supersedes succession but it operates after his lifetime.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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