• Succession in ancestral property

My Father has made two marriages.
1st is before partition from pakistan
2nd is after 1957
we are sikh comes under in hindu marriage act.
i am the daughter from 1st marriage and my 2nd mother has no child.
my 1st mother died in 1998.
now father has trasfer his all property on the name of 2nd mother before his death in 2010.
he has transfer his propert in 2008 on the name of 2nd mother.
now my 2nd mother is not giving us our share.
now can i claim from my fathers property which is a ancestral property.
Asked 4 months ago in Property Law from Patiala, Punjab
Religion: Sikh
If the property is ancestral then you may claim your share and nobody can restrain you to get your share from the ancestral property.


Hindu. Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) kindly clarify on what basis you say property is ancestral 

2) property which has remained undivided fir four generations is ancestral property 

3) how was property transferred by father in favour of his second wife ? 

4) was it by gift deed ? Is it duly stamped and regd ? 

5) was your father suffering from dementia or azhelmier disease ?

6) when did you became aware of transfer ? 

7) you  have to move court to challenge transfer made by your father in favour of second wife 

Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Yea u cn get ur share...
M practising in ludhiana courts u can mssge me anytime i will guide u the way
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
It is not ancestral property 

2) you have to move court to set aside transfer of property in name of your step mother on grounds of undue influence 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1. If title of a property flows for 4 generations from great grandfather to great grandchild without any interruption by sale/gift/settlement deeds or by will, then it is called ancestral property,

2. Since your father has already transferred the property in the namd of your 2nd mother, it is not an ancestral property,

3. Your 2nd mother is now the absolute owner of the property which your father had transferred to her,

4. You have now no legal claim on her said property unless you can prove with evidence that your 2nd mother had got the deed of conveyance executed and registered by your father through coercion or fraud.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If the property was allotted by the govt. of India then why did you claim it to be an ancestral property in your last post?

2. The property was allotted by the Govt of India to all the members of the family of your father which includes you also though your father's name was written as the allottee,

3. So, you also have equal share on the said Govt. allotted land,

4. File a partition suit claiming share of the said property allotted by the Govt. of India.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
As this is not ancestral property hence you can not claim any share from this property.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Yes you can claim your share in the property by filing a partition suit against your step mother before concerned court where the property is located. teh limitation will arise while you came to know about the transfer.  
Lakshmi Kanth
Advocate, Hyderabad
230 Answers
2 Consultations
4.8 on 5.0
If you confirm that this is an ancestral property and you remain unmarried as on the latest amendment to the Hindu succession act in the year 2005 and the property remains undivided and unpartitioned anywhere in between till it reaches you, then you are eligible for a coparcenary right in the property.

If not the transfer made by your father in favor of your step mother shall be valid.

Since the 1st marriage was performed by your father as per Pakistani law, the India law is not applicable to it. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
. this property is given by govt. of india after the partion.my father was born in pakistan.
2. it was transfer by regd.
3.he transfered his property in the age of 90's.we have no madical record.
4. we aware about trasfer two months ago
5. we want to move court for our share.

Since this property was given to him by Government, it becomes is own and absolute property hence he has full rights to transfer the same to anyone of his choice. I am afraid that you will be able to succeed even if you file a partition suit.
Let me not discourage you, try with the help of some experienced advocate in the local who may get some idea after scrutinising the relevant documents. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. If this was the self acquired or separate property of your father then had an indefeasible right to transfer his property to anyone he desired during his lifetime. So it cannot be challenged.

2. The property conveyed to him by the govt after the partition is his self acquired property which he was at liberty to transfer at his sweet will. It may thus be futile to go to court.
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0