Son's right on ancestral property owned by living father
My father and my uncle jointly owns a land in West Bengal which was registered in their name by my grand father.. This was an ancestral property which was owned by by forefather for atleast 4 generations.. My grandmother is still alive but grandfather passed away in 2004.
I am 33 years old married Hindu male live along with my parents stays in Mumbai.
I insisted my father to sale this land as this is in remote village in West Bengal we hardly visit from Mumbai but my father is not willing to sell this land.
Can I sell this land on my fathers behalf since this is an ancestral property? If it is not possible can I sell my share? how much will be my share? 30%? (my grandmother is still alive!)
Asked in Property Law from Kolkata, West Bengal
It appears you are Bengali. if that is so then there is no concept of ancestral proeprty as Bengali in WB are governed by Daybhaga school of inheritance where son does not acquire any right in the ancestral prieprty by birth.
So your father will remain as its absolute owner in half share with his brother during his lifetime and you can not sell the same without his permission.
Do note that he can transfer his half share therein to any person he chooses as well.
You have no share in it during his lifetime.
1) you can file suit for partition for division of land by metes and bounds
2) you can sell your share in land
3)under provisions of section 44 of transfer of property act co owner can sell his share without consent of other co owners
1. Since he property stands in the name of your father and uncle, it is no longer considered as an ancestral property legally.
2.Your father and Uncle are the absolute owner of the said property on which you have no right, title and interest for which you can not sell he said property.
3. You have no share on the said property for which it is immaterial whether your grandmother is alive or not.
If the property is registered in favour of your father and uncle then it is not ancestral in your hands. Since you have no share in the land during your father's lifetime you cannot sell it except if your father executes a GPA in your favour. You have no share in it during the lifetime of your father.
No, you can not sell that property as you are not absolute owner of that property, before selling your share you have to execute a Family settlement deed with other share holder or file a civil suit for partition before civil court and claim your share.
After that if you got any share from the court then you can sell it.
Feel free to call
Advocate, New Delhi
The ancestral property can be defined as the property which remains same in multiple generations i.e., undivided and falling into next generation in the same status.
If your father and his brother jointly own the property then the character of ancestral property extinguishes and their respective share of properties shall be their own and absolute property, thereby you may not be entitled to any share in it.
However, if you still consider it as ancestral property then your grandmother shall not be entitled to any share since her husband died before 2005 and she cannot claim a share in the property except a share out of her husband's share in the ancestral property.
You shall be entitled to a share out of your father's share in the ancestral property which shall be divided into no. of shares on the basis of no. of children to your father including himself.
You can seek partition and then sell your property identified accordingly.