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Self-Acquired and Ancestral Property


wealthymatters.comAfter a person dies, there are often pretty big rifts in the family.Hidden stresses come out in the open and contesting claims to the deceased person’s property is fairly common.The problems are compounded by the fact that the law defines self acquired and ancestral property differently from common  parlance.

According to the law for Hindus,self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.

On the other hand,ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand father, which then passes  undivided down the next three generations up to the present generation of great grand son/daughter. In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.

And to add a further twist,self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

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About Keerthika Singaravel
Engineer,Investor,Businessperson

244 Responses to Self-Acquired and Ancestral Property

  1. sumit says:

    Please give me detail about my father has doing 2 marry and i am his second wife son and i am married my two step sister both married so property is divided in how much part his first wife has dead

    • Sumit, all children of your father will be treated equally by the law in property division matters.
      Only in case of self earned property, in case your dad choses to leave different amounts to his various children can there be a difference in how much you get vis-à-vis your half-siblings.

  2. jas says:

    Hi
    My father has a ancestory property and he try to sell and distribute his property by his own can you please guide me we have any rights to get tbis property…..?
    Thanks

    • Jas,
      First of all I need a lot more by way of details to know if the property is indeed ancestral. So you need to give me the details first. Then I can tell you how to proceed.
      Also, if its a complicated case, please consider my Rs1000,charged service.
      Keerthika

  3. Ramesh says:

    my father was purchased a plot on 2003 his own earning(my father is govt.employee).. on the same plot we are constructed a house last five years before.. house was constructed with bank loan on my father name and bank was given loan on plot.. my question is can i transfer my father name into my mother name property.
    my grand father was died last year.. my grand father HAS TWO SONS(ONE IS my father and my UNKLE) still grand father is not divide the his property to my father and uncle.. can i have rights to take my grand father property and my uncle have any share (while divide my grandfather’s property ) in my father own earning property???

    • No. Your fears are unfounded. Just keep the evidence of the savings and bank loan with which your dad bought this land and built the house.

  4. shrik pache says:

    Respected
    Madam/Sir,
    My father died on 2011 without making
    Any will (Self build house). Now we(6 sons & daughter)want house should transfer to my mother’s name only ( except 1 brother , who is not allowing us) is it possible.

    • Unfortunately you can’t force your brother to give up his share, but your mother as your father’s widow has full right to reside in the said house. There is no way your brother can rightfully force her out.

  5. Prathap says:

    Dear mam, Please help me out. I have 2 issues to be addressed.
    1) Recently my father has sold a part of property which he has inherited from his father without my consent. My father and my mother has put signature on the agreement paper. As this has been done without my consent, Is this agreement or sale is legally valid or not?

    2) Some local builder posing himself as a government agent has misled my father (illiterate) telling that government is acquiring land to broaden the road. My father has sold the property fearing that if not sold now, government will acquire it anyway. Now, how can I handle this situation so that I can get back that property?

    • Prathap you have not given me enough information decide if the property is ancestral or self-earned.

      First tell me what you mean by inherited? Was there a will? Was your father an only child? And your father?

      • Prathap says:

        First of all, I’m really very sorry for not giving enough details. No, there was no will written by my grand father. After his death, my father and his brothers (total 3 of them) divided the property. Now the property in issue is in the name of my father and it is not self earned. As I mentioned earlier my father has sold it fearing that government will acquire it anyway way. I came to know about all this 3 days back. I was very much confused about what to do. At such a bad time I came across your blog. I’m really thankful to you for your prompt reply.
        About the issue, I personally talked to that builder and he has agreed to cancel the registration as he doesn’t want to get into legal hurdles. Meanwhile, the cheque which he had issued for the same purpose have bounced. After going through many articles on internet I have sent a cheque bounce notice to that builder.
        I hope everything will be fine after few days.
        Once again, I’m really thankful to you mam. Please keep up the good work.
        Thank you.

      • Prathap,

        I’m glad the builder seems to be keen on returning your money. Just keep after him till he does so.

        From a legal stand-point, as soon as property is divided in any generation, it ceases to be ancestral. So, in your case the land is not ancestral.

        Prathap, if you have found the free resources on the net useful, please consider some way of giving back too. You could either write on some area that you are yourself an expert on, so that others can benefit, or you can consider a donation, however small to the site, to help with hosting charges, web-development, social-media promotion etc.so that posts like this can reach many more people in need.

      • Prathap says:

        Hi mam, I’m bit confused now. The property of my grandfather is divided into 3 parts and my father holds one part of it. Now, do you mean that if my father sells that property, I have no right to challenge it?

        The sale of that property has been registered already. As I requested the builder, he is ready to cancel the registration. In coming days if something goes wrong like for eg. if that builder changes his mind, can we apply for cancellation of that registration, as my father is also ready for the same?

        Regarding your suggestion of giving back to the community, yeah sure I’ll be happy to do that. I’m a young doctor and I’ll consider writing on health issues.
        And regarding donation, I’ll be much more happy to support these kind of educational blogs and sites. I’ll definitely donate as soon as I get my first salary.☺

        Thank you.

      • Prathap, please read my original post. There I explain how division of ancestral property makes it self-earned.
        The rest of what you are doing with the builder is fine as it is.

  6. vinod says:

    hi, my self and my sister are the only childern to my parents and my sister got married some time back. After her marriage i was alos married and purchased a flat in loan with EMI’s on my father name. House loan is in the name of my father but the EMI’s are being paid by me only. Everymonth i used to transfer the Loan amount to my father account. Will my sister also get a share in the house after completing the Loan. Please provide the me the details.

    • No.Just be certain to maintain the evidence of your bank transfers to your dad’s account. Don’t depend on banks to provide the records on demand. Many maintain the accounts only for 7 years.

  7. abhi says:

    Recently my elder brother got expired. He was married and having a daughter of 1.5 yrs. In our family me, my younger brother and mother is there. The house is in the name of my mother.

    we are having a family business which my elder brother use to take care. There is partnership deed for the shop and is in the name of my mother and elder brother as when my father died 10/03/1998 me and my younger brother both were minnor.

    Now after my elder brothers death what all his wife can claim from the house and the shop. His wife never had a good relationship with our family and even with my elder brother. We are worried that what if even after giving her the right she is going to take care of my elder brothers daughter. She is asking for her share and we are very worried, please need ur advice.

    • Of the house, she has the right to stay there with her daughter, if that is her wish.
      She can ask for 2/3rds share of your elder brother’s half of the business.1/3rd for her and 1/3rd for her daughter.

  8. manish kumar says:

    mam,
    my dad has 2 marraiges. i am only son of first wife. there are 2 sisters from my step mother(2nd wife of my dad). my father has only ancestral property. new property he had brought in name of my step mother. moreover he had sold our ancestral property without our permission. if now there will be partition from court out of total 100% property how much percent i and my mother will get in together.

    • manish kumar says:

      my mom and my dad had not taken divorce until now

      • I’m not sure that the court will order partition. You have as much right to ancestral property as your step siblings, cousins etc.
        Depending on the merits of the case the court will issue orders for the maintenance of your mother.

  9. Jayant Lakhkar says:

    Further to my below mail, I forgot to mention that my uncle and aunt purchased the flat from their own earnings (self-earned property). Please consider this fact in conjunction with below mail. Sorry for the oversight.

    • Your aunt can do as she pleases as it is her self-earned property.

      • Jayant Lakhkar says:

        Many thanks for your prompt response to my mail. My aunt now certainly feels comfortable to follow the plan of action she has envisaged.

        Once again, thanks for appreciate your comforting reply.

      • You’re welcome

  10. Jayant Lakhkar says:

    My uncle and aunt have a son and a daughter, both of whom emigrated to USA long ago. My uncle and aunt purchased an ownership flat in joint names. My uncle made a will to give the sole ownership of the flat to my aunt, and also giving her full right to dispose it off in any manner she desired. Accordingly, after my uncle’s death, the co-operative society registered the name of my aunt as the sole owner of the flat. Since her children are not interested in returning to India, she recently sold her flat. Now she has only financial assets. She wants to make her own will, wherein she wants to make her children as part beneficiaries and also wants to add some other relatives as beneficiaries. Will the sale proceeds of the flat which she wants to distribute be considered as self-earned property or ancestral property ? Can she include beneficiaries other than her children as beneficiaries ?

  11. naveen says:

    Hi ..actually my maternal grandfather and grand mother had joint owned land given by my grand moms parents .in registration form it is like they purchased . and my grand father is no more ..they have 5 sons and three daughters …some of sons are not looking care of my grand mother so my question is 1: is this property self occupied? 2: can my grand mother do will to other who is taking care …3: after making will can her sons claim case against property ……..pls suggests me

    • Did your grandfather leave a will? Else, your grandmother and all their children have equal right to your grandfather’s share of this self-earned property.

      • naveen says:

        No he didn’t leave a will …but can my grand mother do a will now? Because she is also joint owner na

      • Naveen, your grandmother is only one of the class I heirs of your grandfather’s property. She can will away only what is hers.
        Your contention is wrong.

  12. praveen says:

    Background :-

    My Grandfather has 2 sons 1) My father (5 children) 2) his Brother (3
    Children) Still our separation has not happened from my Grandfathers
    Father Time itself and all are physically separated and living and
    earning individually for their livelihood.

    My father and Myself we use to help our Cousins (3 brother as his
    father died in very early when they were small).

    My Grandmaa has given money to my Father to buy a land in my Mothers
    Name – no document to prove that she has given money. My Father has
    purchase a land in her Name. I have constructed a small house in this
    land for my Father and Mother and one fine day these cousins broke the
    Lock and Entered in to our house. My Father wanted to settle it in
    court and he filed a civil case for getting our house back instead of
    police complaint fearing about society and these cousins are like ”
    Goons”.

    Now my Cousins claim that since we are not separated and what ever
    property is individually own also needs to be share and so they have
    broken lock and occupied the property.

    Now case is running from last 3 years in VITA CIVIL court and every
    time my Mother and Father have to go and not only waste Money but
    since now they are old they also get exhausted with travel and all
    from Bangalore.

    First 2 Years my Cousin even have not come to court and court was
    about to give final verdict one fine day they appeared and asked court
    that they want to cross examine the witness i.e. my Mother, Stamp
    Vender and Witness who signed on the Papers. The Certified copy of the
    Purchase Deed is submitted to Court and all witness have said yes in
    court.

    My MOM was cross questioned she was completely tortured by Opposition
    Lawyer and Judge, her mental condition is not that good and she
    replied that yes we are not separated and are still one. her reply was
    innocent but correct also that we are not separated but point her is
    for her property ” Female Owned Property” why the separation point
    Judge should entertain I am not sure here.

    Now one of Witness Cross Examination will also happen and goes on…..

    How to Fight for our property which is registered in my MOTHER NAME
    and heirs are claiming a right on the same is correct i.e. my cousin
    brothers.

    I am completely confused and thought I will take your help to
    understand what to do ?

    • You people have largely caused your own problems. If you had cared less for what society might say and registered a police complaint, you could have secured your position. Now the other side has managed to bring on record your mom’s admission that you are a joint family with joint finances. Hopefully your lawyer has put forward evidence that you people live separate lives for all practical considerations, despite the title to your properties remaining in your ancestor’s name.

  13. Latha says:

    Dear Sir,
    I have a question here , We are staying in a joined family. Now my dad and my uncles would want to divide the property. one of my uncle is intrested in the self owned property in exchange to it my father has agreed for the ancestrol property (Katha of the property is in my fathers name since my grandfather expired in 1993).

    My concern is after the property division can any of my uncles or my fathers sister has a right on the property. can they claim it through court.

    All my uncles and my Aunt have agreed and signed for this arrangement.

    Pls suggest.

    • You should be OK if the transaction is documented properly.

  14. Devaraj says:

    1.We are two ,i am married[on 1989] daughter (with two major daughters ) & one married [on 2001] son (with two minor sons) to my father. He wants to write ancestral property to my brother’s son. He has no interest to share dis property. Is there any way that he can write this property (in Tamilnadu) to my brother’s son without my knowledge?
    If so, can i claim this property again?

    2.We are four ,(I am aged 54!), Two married daughters[aged 62,59] have married son and daughter. Two sons[57 ,54]one of the son have one married daughter and unmarried son the other son have two unmarried daughter,to my late father and mother. Two sisters prefer for equal shares on ancestral property and self acquired property which is gifted to me(under my name) by my mother year 2007. There is one more house property self acquired by my father. So my two sisters demands me to share the properties equally even though their marriages was held by my parents under their complete expenses(jewelry and marriages expenses). They even claim equal shares for the property which is in my name and all the other property also.

    • Devraj, I have answered many queries similar to yours in the last couple of years, please refer back to the old comments for your answers.
      Should you wish for a more personalized service, please consider my charged services.

  15. Rakesh says:

    Hi Madam,

    I would be highly appreciated if you can guide me on the my property matter.

    My Grand mother had purchased a apartment in CHS of Mumbai in 1979 with the money left by my Grand Father after his death and contribution from my Father. My Grandmother has 10 children including my Father. All my Fathers sisters are married and my Father and his brothers lived abroad. The said apartment was handed over to my Father in 1984 by with consent of all the brothers and sisters (no written document was signed) and me and sisters lived in the apartment along with my mother as my Father was living abroad. My Grandmother passed away in 1990 and my Father passed away in in 2002.

    I , my Sister and my mother lived in the apartment. I requested for a name change in CHS committee and got the title of the apartment changed from my Grandmothers name to My name in full awareness of all the brothers and sisters of my father. Now in 2014 my uncles have sent me a notice that i need to share the apartment equally to all children of my grandmother.

    my question are :

    1. as my grandmother has expired in 1990 and i am in possession of the apartment since then, can my uncles claim their right to share.

    2. Can i sell the apartment as it is under my name with CHS since 2005.

    your help in the above matter is really appreciated.

    Kind Regards.

    • Your case is strong. You can do with the property as you choose.

      • Rakesh says:

        Dear Madam,

        Thank you for your prompt response on my question. However, please note that my uncles have sent a notice to me and the CHS committee that i can not sell or do anything with the apartment without their concern. Also they have published the same notice in the local newspapers. So what can be done now and how i can proceed to sell the apartment if anyone is interested.

        looking forward to your advise and guidance on the above.

        Thanking you

      • You’ll have to now go to court and get an order in your favour or find a buyer who will buy the property from you as is and take on the hassles and expenses of litigation.

  16. bhavnesh says:

    Hi! My query is as follows
    My father applied fr a plot in government scheme under the name of my grandmother. He got the same and paid all expense approx 95% through his earning and balance 5% with the help of three brothers.
    Now three brothers n two sisters want equal share in this property, so please advice

    Regards

    • Everything now comes down to who can come up with what evidence of having made what payment.

  17. Prasad says:

    Thanks for sharing your valuable inputs on various topics on your Blog. I am facing peculiar situation here and don’t know how to go about it.
    MY grandfather died in 1948. The property left behind is self acquired & he left behind the wife, five sons & six daughters. WILL was made by him on stamp paper by his lawyer, mentioning the name of wife & four sons and named them as trusty to take care of his property, one of the five sons was minor at that time. Probate of WILL is not taken till date, and his wife, four sons & four daughtes are no more now.
    Now after the daugthers rights confirmed by high court on 15th August, 2014, in ancestral property under Hindu Succession act 1956 (9th Sep, 2005 amended). I have a few queries to this amendment:
    Q. 1) If WILL is not probated can daughtes of my grandfather claim in their fathers property?
    Q. 2) Can the fathers self acquired property be treated as ancestral property for the daughters?
    Q.3) Is the WILL time barred after 30 yrs or not valid because it is not probated?
    One Property at Mumbai is still on my grand-fathers name which is mentioned in the WILL.
    Another one property which is not mentioned in WILL of my grandfather is at our village. After the death of my grandfather in 1948, the names of five sons were replaced in the SAT-BARA in Year 1952. Thereafter adding of the names of wife, sons & daughters of died son of grand father including me, my sister & mother as part of my late father. No name of daughters of my Late grandfather(My Aunties) are present in Sat-Bara as on date. This Property was maintained by my Late father from 1956. With his own expenses (not maintained by trust) and thereafter myself maintaining with my own expenses.
    Out of four uncles two uncles has given up their share on my name and now I am holding 3 shares including my own out of five sons share.

    Q.1) Now whether my aunties can claim right in this property, as it was trasferred on five sons name and is not on my grandfather name?

    Apart from all the above that is related to me, I have couple of general questions.
    Q1. Can daughters heirs (i.e. great grand son/daughter) stake a claim in their great grandfathers property as per the ancestral property law?
    Q2. As per the new rule, son and daughter have equal right in their father property now (i.e. daugther gets equal rigth by birth). Is this now applicable to all the daughters or from when this amendment came in existence?

    Please advice.

    • Prasad,
      To answer your queries, I will have to explain many aspects of law other than that relating to ancestral and self-acquired property. I am willing to go into lengthy explanations, if you would like to opt for my charged services. Else at present my work-load prevents me from devoting time to your query. At best I will real with wills, probating etc. in fresh posts, as time permits.

  18. Jayanth says:

    Hello Ma’am…

    First of all, thank you for sharing your valuable inputs on various topics on your blog. I am faced with a peculiar situation here and don’t know how to go about it.

    My maternal grandfather passed away a few years ago without leaving a will and after his death, his children – that is my uncle and my mother were equal benefactors of the property my grandfather had made. My uncle at the time saw this is an opportunity and convinced my mother that he needed the property more than her and my mother also without thinking twice agreed for the same. At the time I was too young to convince her or talk to her about this issue.

    Now a few years later I have come across many news articles that the daughter has an equal right to inheritance and I know that if my mother moves the honorable court she will easily stand to claim half the property, not only that, no document has been signed by my mother till date agreeing to transfer her share to her brother (my uncle) till date! But unfortunately the problem is that my mother doesn’t want to claim anything thinking that it would strain the relationship between her and her brother (my uncle).I have talked to her many times and she just doesn’t seem to understand the value.

    My query is if it is possible for me (the son/grandson) or my younger brother in this case to claim my mother’s share by moving the honorable court without my mother’s permission or does she have to give permission?

    Regards,
    Jayant

    • There is nothing you can do unless your mother wants her share and is willing to go to court if required.

    • SocialPerson says:

      You are a very very greedy person. you dont belong in the society, r u really ur legal father’s son?

      • Not son, daughter and my dad has no doubts that I am his get. Can you say the same about yours?

  19. Jitender kumar says:

    Will partially muted in 1984. Icame ti know this when left land was muted in barast inrkal.i challanged this before sdm . Now respondents advocate says after 30 yrs will does not stand.us there any time bar for will to be intered

    • If you go to court now, you will have to explain the inordinate delay.

  20. Parthak says:

    My grandfather (a Hindu) moved during partition from undivided India (now part of Pakistan) and bought property (land and house built on that land) in Delhi. On his death, the said property was transferred to my father as the sole heir. On the death of my father, he willed the said property to my mother. My parents have two married daughters only. The question I have are-
    1. Would this property be considered ancestral Hindu family property?
    2. Is the property willed by my father to my mother only and not to the daughters a valid transfer?
    3. If my mother decides to not pass on the property to her daughters but decides to pass it on to a 3rd party or sell, is that valid and can it be contested by the daughters?

    • The property can be considered the self earned property of your mother and she can do with it as she wishes.

  21. manjunath says:

    My father was married to two wives as his first wife did not have any children and second wife (my mother) has two sons (my brother and me). My father expired in 2009 and his first wife expired in 2010. My father had not made any will before he died. My father had owned about 12 acres of land in our village, 50% of which is ancestral and the remaining 50% is his self acquired. and he was farmer. Now we are three people (me , my brother and our mother) and my brother is not willing to give any share to us (me and my mother), So if I go to court, how will the partitioning of my father’s property happen among three of us. Plz reply

    • The ancestral part is to be shared equally between you and your brother and the self earned property split three ways equally between you, your brother and your mother.

  22. Bharatkumar says:

    Hello Sir/Madam,

    I am the only son from my father’s first marriage and following the death of my mother my father married again.
    My father has four sons and six daughter from my step mother. My step mother has been really mean to me . All six daughter are married before 1994 . I’m from Karnataka. In court ,they all are claiming their rights.
    In law, does the son of first wife (Myself) get any extra benefits in ancestor property..?

    Please help!!

    • No.Unfortunately you enjoy no extra benefits.

  23. Anand says:

    A man, a Hindu Brahmin, who has two sons and a daughter, inherited a piece of land from her mother’s side. After the death of his mother, he bought a land (but it was done as gift deed) adjacent to the land he inherited. After some time, he built a house covering the inherited and purchased land. With course of time, his eldest son got married. After the marriage of his eldest son, differences come up within the family as the eldest son married a Scheduled Caste woman. After repeated quarrel, his elder son demanded a land so that they can build a separate house and live peacefully. The father is willing to share the whole property, inherited and purchased land, amongst his three children. However, the wife, who is a housewife and the mother of three children, is refusing equal share amongst the children and wants to own the land that had been gifted (purchased) as she is claiming that she bought that land from her own money. The two unmarried children are on her side and supporting her. How far can she claim that share and what should the share of three siblings be?

    • I can answer your query only after examining the mother’s claims. As the case requires personal attention, please opt for my charged services or contact a competentlawyer locally.

  24. Rajendra Gore says:

    Dear Sir
    My Grandfather and grandmother expired. They had 3 son and 3 doutur also married before 1994
    Grandfather had. 17.5 acres land. How many share my ants this property.
    My ants demand to my father equal land.
    Please sir tel me it is possible of Indian law ?

    • Rajendra,
      Have already discussed many cases similar to yours on this blog. Please go through the comments section and help yourself or avail yourself of my charged services, if you feel the need for a more personalized service.

  25. Sai says:

    Hi Keerthika,
    The judgement came against to me in the lower court (land case), 15 months back, by saying that I should register the land in the name of the opposition party, but upto now the opposition party didnt came forward to register the land on his name. Now matter is, upto how many days the court judgement will be valid, the total land is on my dads name, two months back my dad was expired. Is there any chance to cancel the judgement came on the favour of my opposition party.
    or else what to do.
    Court judgement came when my father was alive, but now he is passed away two months back.

    • Are you in regular communication with the other party?

  26. Dear Sir,

    Please advise me:

    My father was a daily wage worker and was leading the family by the getting loans from the third parties. My father was living with his wife, daughter and 3 sons, His daughter got marriage in 1982. His sons were studying the school with very hard situation. His elder son has completed his Diploma course with the help of college lecturers and friends by taking loan. His second son studies has stops at 10th Class and his third son dropped his studies at 6th class.His elders son got a job in INDIA in a private company and all of his family members were depends only on the elder sons’ income. His elder son got a job in GULF and has worked for 5 years continuously without visiting India. His elder son was sending all of the salary money(Rs 4,60,000/-) to his father via NRI account.Then he and his wife and two sons were enjoying with that money.

    Father utilized his elder sons’ income for his previous debts clearing and used his second sons’ studies expenses about Rs.50000/- and purchased some agricultural land property from different parties and kept all the property on his name.

    Finally when his elder son arrived INDIA for his marriage and settle in India, The elder son again expended his money for the alteration house and construction of new house. His elder married on 3rd Sep 2000. His elder son was jobless and very difficult to survive all the family. Finally the elder son decided to go back gulf countries to get employment. Then father sold some portion of land and forced his elder son to get relinquishment as leaving his right of share in the remaining properties. Finally father made an un-registered relinquishment deed from his elder son by paying only Rs 1,25,000/- on July 2002.

    Father expired on Nov 2012 without making any partition among wife and sons.. then mother and second and third sons are not willing to give share to his elder son in the remaining properties.

    So, please reply me what is the legal action applicable against the mother + sons. How to proceed the elder son to get his share of his property ?

    Is it correct way that father used all the resources of his elder sons’ income and kept on his name?

    Is it correct that after death of father his wife and sons not willing to give a share for elder son.

    Is it benefit for elder son to consult lawyer for filing suit against mother and second and third sons by submitting all the evidence of Exchange DDs +bank statement + cheque sheet +written letters wrote by father addressed to elder son as mentioned that all the properties item wise were purchased fully with elder sons’ financial source.

    Is it un-registered relinquishment deed (made on Rs 20/- & Rs 10/- stamp papers) accept the court during judgement time?

    Please reply me with proper advise.

    Reply

    • Bhanu,your problem will be to establish that you did not gift the money to your family but sent it to them for safekeeping.So if you have old letters etc,that make this clear,you can hire a lawyer to fight this case and with the sort of evidence you claim you have,you will win it.

  27. T.SREENIVASULU says:

    Dear Sir,

    Please advise me:

    My father was a daily wage worker and was leading the family by the getting loans from the third parties. My father was living with his wife, daughter and 3 sons, His daughter got marriage in 1982. His sons were studying the school with very hard situation. His elder son has completed his Diploma course with the help of college lecturers and friends by taking loan. His second son studies has stops at 10th Class and his third son dropped his studies at 6th class.His elders son got a job in INDIA in a private company and all of his family members were depends only on the elder sons’ income. His elder son got a job in GULF and has worked for 5 years continuously without visiting India. His elder son was sending all of the salary money(Rs 4,60,000/-) to his father via NRI account.Then he and his wife and two sons were enjoying with that money.

    Father utilized his elder sons’ income for his previous debts clearing and used his second sons’ studies expenses about Rs.50000/- and purchased some agricultural land property from different parties and kept all the property on his name.

    Finally when his elder son arrived INDIA for his marriage and settle in India, The elder son again expended his money for the alteration house and construction of new house. His elder married on 3rd Sep 2000. His elder son was jobless and very difficult to survive all the family. Finally the elder son decided to go back gulf countries to get employment. Then father sold some portion of land and forced his elder son to get relinquishment as leaving his right of share in the remaining properties. Finally father made an un-registered relinquishment deed from his elder son by paying only Rs 1,25,000/- on July 2002.

    Father expired on Nov 2012 without making any partition among wife and sons.. then mother and second and third sons are not willing to give share to his elder son in the remaining properties.

    So, please reply me what is the legal action applicable against the mother + sons. How to proceed the elder son to get his share of his property ?

    Is it correct way that father used all the resources of his elder sons’ income and kept on his name?

    Is it correct that after death of father his wife and sons not willing to give a share for elder son.

    Is it benefit for elder son to consult lawyer for filing suit against mother and second and third sons by submitting all the evidence of Exchange DDs +bank statement + cheque sheet +written letters wrote by father addressed to elder son as mentioned that all the properties item wise were purchased fully with elder sons’ financial source.

    Is it un-registered relinquishment deed (made on Rs 20/- & Rs 10/- stamp papers) accept the court during judgement time?

    Please reply me with proper advise.

  28. Jenny says:

    The rights in ancestral property are determined per stripes and not per capita, it can be done by the will and the gift.

    • Jenny,what you say might be the position in Australia,but this is not the case in India.

  29. sainath says:

    Hi,
    My father got a land in his name after his grand father expires, from 1981 onwards the property is on my fathers name. Now, my father expires and my father has four sisters,
    now question here is,
    after expire of my father, his sisters(my aunts) coming forward for share of that land.
    1: Really do they(aunts) have share in this situation?
    2: my grand mother is also alive, she is also demanding share in this, do they have?

    this land is my great grand fathers, directly it is transferred from my great grand father to my father, not as step wise like,( great grand fathers – grand father – father)

    help me,
    really do my father sisters have share in this case.

    • How did your great grand father come into possession of the land?
      What was the instrument used to transfer the property directly to your dad?

      • Sainath says:

        After expiting of my great – great grand father, my great grand father came into posession.
        Afer expiring of my great grand father, directly transferred on my fathers name, rather than my grand fathers name..

        could you suggest me,

        really do my father sisters have share in this case. If, @ %?.
        and is there rights to my grand mother on this land. If, @ %?.
        suggest me on this issue…..

      • Sainath I am trying to establish whether the property in question is to be classified as self earned or ancestral.I need to know if there was partition at some earlier stage,gifting etc.Hence my question on what was the instrument used to transfer the property at these stages.If you don’t know the details,you have to find out from the concerned Tehsildar’s office and tell me.Only then will I have the right information to answer your question.

      • Sainath says:

        1. After expiring of my great – great grand father, my great grand father came into posession on that land.

        2. After expiring of my great grand father, directly transferred on my fathers name, rather than my grand father (because, my grand father died before than my great grand father)

        help me,
        really do my father sisters have share in this case. If, @ what %?
        and what about my grand mother, now she is also demanding on her share, is she? If, @ what %?

        suggest me.

      • You will have to check what was submitted in the no objection certificates at the time of the last transfer at the tehsildar’s office.Also check the year in which the changes were made.I need this info to suggest the way forward.

  30. Mic says:

    hiii…..

    • Hi

  31. r v rao says:

    “A property owned by a female can never be an ancestral property”. is this legally a correct statement? in view of HSA, Hsa(amendment act 2005), and court judgements ,marriage laws amendment bill 2013 .request you to kindly clarify.

    • No this is not correct,I will deal with your query over many posts.So please follow my blog for a while.

  32. Thirumalesh says:

    Hello sir,

    My father sold out 1.5 acre and with that money he bought another land with the help of money which was from land lending to others for 4-5yrs, and that property registered to my step mother.
    we are fearing about remaining land and property because he is saying that I am not going to give the land to you until my last breath.If we ask about part of income from that land also he is refusing, he simply saying that my mother is full rights to take that money for her safety and food.we have complete 17 acres my father’s father’s own property(4.5 acres in my father’s mother’s name and remaining acres in my father’s name), 8 acres fore fathers property(in my father’s name), and finally 5 acres my father’s own property(money got from land) which is in my step mother’s name. we are two brothers and one sister(married).
    What should we do now? please give a better solution to solve this issue.
    This is in Andhra Pradesh, India

    Thanks in advance,
    Thirumalesh

    • Thirumalesh,I have now made personal queries charged on my blog.Link.Are you still interested in having me answer your question?If so please deposit Rs 500 via PayPal or into my ICICI SB a/c no 041401501858

  33. S. U. Kulkarni says:

    Dear Madam,

    Yas I am interested in knowing my previous specific question, Pl. go ahead i will pay formal charges.

    Mean while I just want to know in general in India any hindu women’s 90% property(Agricultural land) is transfered to her two sons during her life time then in the similar way remaining 10% property (residential House) can be leagally transfered (by refering previous transfer) after her death or it will be distributed among succesors of heir -1 clasifications..

    • To answer your question.I need to know what was the instrument used to transfer the properties.
      Also please note I take payments in advance.

  34. S. U. Kulkarni says:

    In general, in India any hindu women’s 90% property is transfered to her two sons during her life time then in the similar way remaining 10% property (residential House) can be transfered after her death or it will be distributed as per heir -1 clasifications..

    • Sir
      You are writing to me on this blog for the fourth time.Your’s is a case that is going to take a while to understand and sort out.I am prepared to devote time to the matter provided you are prepared to pay my charges.
      Keerthika

      • lava61261 says:

        Dear Madam,
        I have got your bank details and will do the needful.
        You had asked some questions:
        The said property is coffee plantation and paddy cultivation it is located in coorg a place called virarajendrapet.

        The property is ancestral property it has come to my father and his brother from four generations. Now my aunt(my dads sister) has staked a claim 1/3 share of this property. My Aunt is no more she died at the age if 87yrs, but her legally adopted son/daughter is continuing the case which is in court . Do we stand a chance to fight in the court. Moreover the said property does not have a registered deed it was mutually divided between brothers and my grandfathers brothers son. The adopted son/daughter of my aunt has also got a share from their Father. Now they are claiming property from their Mothers side as well..

      • If I understand correctly,your father is one of 4 brothers and they have 1 sister.This sister asked for her share of the ancestral property at age 87 and has since then died during the pendency of the case.Previously these 4 brothers and their cousin had orally distributed the property between themselves.Also this property was originally acquired by your great grand father.Which year did this oral agreement take place?Which year did your aunt get married?
        Also please explain what is your aunt’s reasoning for asking for 1/3rd of the property?Why a share bigger than that of your father and uncles?Also what do you mean when you say your adopted cousin sister has already got her share from her fathers share?Is her father some sort of blood relative?If so how?

      • lava61261 says:

        Dear Madam,
        My dad has one brother and one sister apart from one cousin brother. This property was mutually shared in the year 1925. My aunt Married in the year 1945. My dad who is the eldest had to sell a portion of our property to get my aunt married off. There is no document or sale deed for having sold since in those days it was mutual between two parties. The adopted children are from my uncles side (aunts husbands own brothers children) so they are related by blood. Hope I have answered your queries. Now only my dads brother is alive he is 88years old and have no issues.

      • lava61261 says:

        Dear Madam,
        I missed out on one point. My adopted cousins have got the share of property from their adopted father who is very well to do. Now they are claiming the property from their adopted mothers side also.

      • Sir please note I take payments in advance.

      • S. U. Kulkarni says:

        Dear madam,

        This is question related to 2-3 of my relatives who are widows now & are illeterate and threatended by their sister-in-law’s. In one of the case poor widow is residing in a small portion of house & she is thretended by her sister in law for vaccating the house so that the same is sold out & she will get her share as this old house is practically not feasible for partition. So I feel this has become the social issue now as all old cases are reopening & sister -in-laws are either threatening or asking commercial benefits for settelment of case. So I request you to pl. educate through your blog for false threatening (specially the cases which are settled long back within familly’s internal/mutual understanding). I was reading your blogs with interests & will appreciate you for educating the people & creating social awaireness. Pl. note my this quetion is in general & related to 2-3 cases of my relatives including my privious specific quetion. However still you want me to pay I will pay you your nominal charges.

      • Mr Kulkarni,
        I have noted your interest in knowing more about family settlements etc.I shall be happy to blog about these issues at leisure.
        However,should you be interested in having me take a look at the ins and outs of these cases and venture an opinion,I feel in all fairness,payment is due for each case.
        Keerthika

  35. C SAHOO says:

    dear madam,
    MAY GUIDE ME ON THE FOLLOWING ISSUE. WE ARE HINDUS FROM ORISSA.
    MR. A MARRIED TO MRS B. MRS B PURCHASED LANDED PROPERTY IN 1945, PROBABLY FINANCE BY HER HUSBAND- MR. A. MR. A PASSED AWAY IN 1946. MRS. B DISTRIBUTED ( THROUGH REGISTERED DEED) IN THE YEAR 1972 THE SAID PROPERTY IN THREE PARTS. PART 1 IS IN HER OWN NAME. PART 2 IN THE NAME OF HER ELDEST SON C & HIS ( C’s) SONS D,E,F,G. PART 3 IN THE NAME OF HER YOUNGER SON H & HIS ( H’s) SONS P,Q,R. MRS. B HAD NO DAUGHTER. MRS. B PASSED AWAY IN 2000.
    MR. C HAS ONE DAUGHTER X . SHE GOT MARRIED IN 1965.HER NAME WAS NOT INCLUDED IN PART 2 OF THE PROPERTY THOUGH HER FATHER & HER BROTHERS WERE INCLUDED.MR. C PASSED AWAY IN 2012.
    I HAVE FOLLOWING QUERIES;
    1. WHAT WILL BE THE STATUS OF THE WHOLE PROPERTY AT THE TIME OF DISTRIBUTION ( 1972)- IS IT SELF- ACQUIRED PROPERTY OF MRS B OR ANCESTRAL PROPERTY.
    2. WHO ARE THE OWNERS OF PART 2 OF THE PROPERTY & IN WHAT RATIO, NOW THAT C HAS PASSED AWAY IN 2012.HE HAS 4 SONS D,E,F,G & ONE DAUGHTER X
    3. WHAT WILL BE THE SHARE OF MRS. X IN THE PART 2 OF THE PROPERY & PART 1 OF THE PROERTY RESPECTIVELY.
    THANKS,
    C SAHOO

    • Sir,Are you aware that I have made queries related to personal property matters a paid service on this blog?Do you still wish to proceed?

      • lava61261 says:

        Dear madam,
        Please proceed and give me an honest opinion whether we can fight the case . will pay you the fees as agreed upon.

      • Achaiah,
        Please deposit the money via PayPal or my bank account.I prefer payments in advance.Following are the details required for the money transfer:
        PayPal id:keerthikasingaravel@yahoo.co.in
        ICICI sba/c no:041401501858, IFSC:1CIC0000414, BSR: 6390609-6000009, SWIFT:ICICINBBXXX.
        Also please provide me the following details so that I can answer your queries:
        1.What sort of property is it and where is it located?
        2.Whose name is the property in?
        3.How did the property come into the possession of the above person?
        4.How has the property been used in all this time?

  36. Achaiah says:

    Sir,
    We have peculiar question to ask? My dads sister claimed her share of the property at the age of 80 and has put a case in the court to claim her share. 2years back she passed away. Her husband also passed away long time back and they are well to do. Now, her son and daughter who are adopted when they were young are fighting the case to claim the mothers share. The son and daughter are adopted legally. The daughter has also got a share from her fathers side. Now do we stand a chance to fight the case. We are four brothers and one sister. What should we do.

    • I have just returned from 10 days abroad.I have also pressing matters of business to attend to before I can give your case the attention it deserves.So please bear with me.Also please note that legal advice on property matters is now a nominally charged service.Link
      If you are willing to pay, I shall take up your case next weekend.

      • Achaiah says:

        How much do you charge for your advice

      • Rs 500 or $10 for property matters.

  37. Sharoun John says:

    Hi Keertika,

    I have done many searches before, but I have to admit this is the blog I am looking for.
    I have a query related to ancestral property and I have lost all hopes in life please do reply me at the earliest.

    Issue:
    =====
    I am the ONLY son to my parents and I have a son who is of 7years of age. And due to family reasons I had to separate from my parents.

    About my fathers family:
    ===================
    1.My father has 6 sisters who are married and are well settled families.

    2.Out of 6 sisters, 3 are born to the second wife of my Grand Father(second wife is alive).

    3.We have a property of 700 Sq Yards which belongs to my great grand father(both great/grand fathers are dead).

    4.Now my father decided to give the property for Apartments construction and all the six sisters
    along with my father and his step mother have signed the sale deed which is written in the name of the BUILDER. Hoping that the builder would give the constructed apartments in the agreed ratio (builder:Owner)

    5.I was not intimated at the time of the sale deed so I did not sign the sale deed.

    6.Now even the builder did not intimate me even though he knows about my existence.

    7.And now my father is not willing to distribute the property as every other party has signed the sale deed. Instead he wants to keep it for himself.

    8.So in this scenario, can I claim my share after the construction or should I interfere now, asking to settle my share.

    QUERY:
    ======
    1. Is my father correct?
    2. How can I make justice to every one in the family?

    • Sharoun John says:

      Adding to the above could you please clarify the people who are all the legal fit candidates
      to claim the said property?

      Thanks..

      • I have just returned from 10 days abroad.I have also pressing matters of business to attend to before I can give your case the attention it deserves.So please bear with me.Also please note that legal advice on property matters is now a nominally charged service.Link
        If you are willing to pay, I shall take up your case next weekend.

  38. S. U. Kulkarni says:

    If 75% property is divided by absulute woner himself in his/her life time than remaining property after his/her death will be devided in same manner or by successon.

    • I have just returned from 10 days abroad.I have also pressing matters of business to attend to before I can give your case the attention it deserves.So please bear with me.Also please note that legal advice on property matters is now a nominally charged service.Link
      If you are willing to pay, I shall take up your case next weekend.

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