Self-Acquired and Ancestral Property
August 30, 2011 503 Comments
After 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.
About Keerthika Singaravel
wealthymatters 
Hi,
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.
Dear Madam,
75-80 year old house in Karnataka town place which is on my grandmothers name, who was expired on April, 2009, Leaving behind 2 sons & one daughter, has two portions of which one is occupied by my mother & other is occupied by my uncles family. My father is expired in June 2009 & my uncle expired in July, 2013. We have only one ant (my father’s sister) who is 65 year old & married in 1960’s, now has a interest in this property.
My grandmother has received this property from her mother ( after her death in 1980’s) by partition. She occupied this house long back may be 30-35 years back, but actual partition work started in 2005, between herself & her sister as a legal heirs to their mother. This partition work is carried by her son-in-law i.e. my ants husband who is senior civil lawyer. My grand mother’s sister has sold portion of house in 2007 & sale agreement & registry etc. done by the same lawyer.
My grandmother given this (Partition) work to great lawyer as she has trusted him since he is her son-in-law. But whenever she enquired about the mutation of the portion of house she got from partition, he was always say that the house was not muted on her name & the work is still in process. My grandmother was doubtful as a laywomen she was questioning how come my sister got her portion muted & she sold her portion also, where as her mutation work is still in process.
We also has doubt & hence recently enquired independently in corporation & found that the mutation was done in 2007 only & that time my grand mother was alive. The said lawyer has taken full advantage of the trust my grandmother made on her son-in-law & cheated her as he knows very well that my grand mother never given him the share in the property. He knows in Jan.,2007 she has distributed her agricultural land to her 2 sons(My father & my Uncle) which was also on her name and the same she was received from her father –in- law.
My mother is not apposing to give 1/3 share in house to my ant but we are very much disappointed the way he has cheated to my grandmother by hiding house mutation papers which consequently leaded her in undeceiving the distribution of her property as per her will. The disappointment is more severe since he is being a senior Lawyer practicing from last 40 years, financially very sound having crores of property & presently a elder figure in family in adviser position.
Looking to above facts Pl. advise what are the steps he will take & how to react /or take further steps to prevent our house & expose him.
Hi,
I had bought a DC converted agricultural land from farmer and have been paying taxes for the last 10 years. How can i avoid litigation from their sons or daughter in the future, if they come back and claim that it is theirs?
Suresh,in case you are not a regular reader of my blog,you have probably missed this post:https://wealthymatters.com/2014/02/14/charged-services/
If you wish to still go ahead, I will take up your question on my return from Chennai.
My husbands parents have 16cents of land and a house in it.it has been registered in both his parents name and was self acquired.my husband has a sister and at the time of her marriage she has been gifted a house which actually belonged to my husbands grandmother(grandmother had gifted the same to my husbands father and he inturn transferred it to her name).My inlaws had always said that this house (16 cent and house)will be gifted to my husband but they refuse to document it.now we would like to renovate the house but is worried about the same as it is not in my husbands name.please clarify what my sister in laws share in the property would be if my in laws die without leaving a will.
Apama,in case you are not a regular reader of my blog,you have probably missed this post:https://wealthymatters.com/2014/02/14/charged-services/
If you wish to still go ahead, I will take up your question on my return from Chennai.
Hi Madam, I want to know whether I have any rights on my great grand father property, my grand mother is dead, his brother(grand fathers) are alive. Do my great grand father property will be divided and given to my dad only or will be given to me and my dad equally, do I have full access before my dad dies and take all of my great grand father share and not give a penny to my dad?
Is there a way my dad receive and sell everything before I become major?
Mann
To answer your query I need to know how the property came into your great great grandfather’s hands and how it has been used since then.
Also please read this post before proceeding further.Link
Keerthika
He own by himself and not divided,
I need clarification on the below”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.”
What you mean by “undivided down the next three generations?” Do all in 3 generations are decressed?
What you mean by ” 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”
When you say Coparcenar, do you mean, grand father, father and son. Great grand father is no more live. or only grand father who can share it?
Rahul,property needs to be used in common for 3 generations to be considered as ancestral.
Today women too have equal rights in ancestral property along with their brothers.
This sentence should help you understand what happens when members of the intervening generations die:
What if any of the predesor gen is still alive?
Dear Rahul/Rahul Gandhi/Mann etc,I’m sure you have already read this post:Link.My aim is to get people to respect my time.I’d appreciate it greatly if you don’t ask multiple questions under various ids.You have a query of a personal nature which you want answered,not clarifications on abstract matters of law.I have made clear on what terms I am willing to give time to personal queries.Please respect them.
A simple straightforward question clearly stating the facts and your concerns will elicit a short and to the point answer and save us both time and effort.
I have a question, my father got a share of his grandfathers property in 1950s, at that time he was 8 yr old. Then my fathers family had 4 members. His father,mother,he and his younger sister. Sharing of my fathers grand fathers property was done. What came to my dad was invested in a land by his father and mother in 1951 which at that time was a revenue site. The same was subsequently taken by BDA in 1965-67 and reconvayed back in 1978 during which my father’s father and mother gave a NO OBJECTION CERTIFICATE to BDA asking them to register the land in my father’s name. In this case does my father become the absolute owner? Can he gift the land to any one child? Do all the children have equal rights? The land was gifted to one of the sons. Can we 3 other children challenge the gift deed and get it cancelled? Our father has expired.. We are 2 daughters and 2 sons. Pls advice. Also pls relate this to any judgements from Supreme Court if there have been any such instances. I am from Bangalore and the property is located in Bangalore. I am a South Indian Hindu. Regards,
I need some clarifications before I can answer your question:
1.How did the property that your father got a share of in the 1950s originally come into your grandfather’s hands?
2.I don’t get this sentence of yours: Sharing of my fathers grand fathers property was done. Are you repeating what was conveyed in your opening sentence or are you talking of some other property etc?
3.What was the document used to transfer the land to your dad?What does it say?
Hi,
1) The land was my father’s grand father’s property which was sold and division done in which one share was taken by my father’s father and one came to my father. As my father was a minor, his share was invested in a revenue land the sale deed of which has my father’s father and mother’s name. Later the BDA took over the land to reconvey it back which happened to lots of sites in our area.
2) I am talking of the same land. There are 2 properties in this place.
a) The ancestral property of my father’s grand father which was sold and division of the money received made. (Now as that land is sold, its done and gone) My father’s share of money received from the above division was invested in a property by my father’s father and mother as my father then was a minor.
b)When BDA took the above property and reconveyed it back, my father’s father and mother signed a NO OBJECTION CERTIFICATE and gave it to BDA to register the property in my father’s favor. The lease cum sale agreement, absolute sale deed etc after reconveyance is in my father’s name.
3) The only paper I remember is a NO OBJECTION CERTIFICATE. I however have applied for total property papers from BDA under RTI. I shud get the papers in some time.
Thanks,
The property can be considered the self earned property of your father,so he was well within his rights to gift it to whomsoever he wanted.
sir i have purchase a land before 25 years in jodhpur and i stay in bangalore. i have purchased it with my parten who stay in jodhpur. but few years before we saw the property it was acquired by someone else. i have all the property document and tax receipt. how can i get my property back.
Some questions before I answer your query:
By typing parten did you mean to say parents/partners?
What do you mean when you write
Is some one occupying the property or is a ownership change recorded in the government records?
Dear Ms.Keertika, I have a question, my father got a share of his grandfathers property in 1950s, at that time he was 8 yr old. Then my fathers family had 4 members. His father,mother,he and his younger sister. Sharing of my fathers grand fathers property was done. What came to my dad was invested in a land by his father and mother in 1951 which at that time was a revenue site. The same was subsequently taken by BDA in 1965-67 and reconvayed back in 1978 during which my father’s father and mother gave a NO OBJECTION CERTIFICATE to BDA asking them to register the land in my father’s name. In this case does my father become the absolute owner? Can he gift the land to any one child? Do all the children have equal rights? The land was gifted to one of the sons. Can we 3 other children challenge the gift deed and get it cancelled? Our father has expired.. We are 2 daughters and 2 sons. Pls advice. Also pls relate this to any judgements from Supreme Court if there have been any such instances. I am from Bangalore and the property is located in Bangalore. I am a South Indian Hindu. Regards,
Dear Sir,
there is a house belongs to my grandfather and he is no more(he died almost 40 years back),and there was no will made by him. my grandmother had also died 25 years back. My grand pa had 5 five sons & 4 daughters out of them 1 son (my father) & 1 sister(my aunt) are alive and they all are married. my father & his 3 brothers( my uncles) families are residing in the same house and my father’s one brother left this house almost 30 years back neither he nor his family came back.
out of four families currently residing, 2 of them residing since this house was made & one of them came back after the 10 years of gap in 1997 and other one 35 years of gap.in 2011-12
these two families who came back in 1997 & 2011-12 want us to sell this entire property and wants their equal share.
But my father & I do want to sell this property because it is our ancestral land.
Now, I would like to ask..
1. Can we give the money to the families( not all one or two out of three families residing currently) who are ready to leave the house? if yes, then how & on what price?
2. A family who never turned back since last 30 years or more has the right to claim on this property? if yes, what would be the share to them.
or any other solution which you think will be a good option for this case?
Thanks
Akki
.
The first question I need to ask is how did your grand father come to own the house?This should help shed some clarity on whether the property is ancestral or self earned.
Moreover,given the long time elapsed,its more a question of possession rather than claims on the title of the house.
So far, I see you wish to pay off your relatives and indeed it now becomes somewhat necessary as you allowed them to come back after time and hence establish some rights to the property.
Unless you wish to pay the absent branch of the family,I see no reason why you should do so.By their behaviour,they have lost their claim to the property.In fact I wonder if the remaining 2 branches who came back too didn’t do so with the sole intention of making money from the sale of the property or by troubling your dad and your aunt.You weakened your own position by welcoming them back.
I need more info to suggest some way forward.
Dear Keerthika,
I wonder if you are able to help me. My question concerns some agricultural family land that was sold in Punjab, India, a few years ago by my father. I believe this to be ancestral land, as it was given to him by his father, who acquired it after the partition, in compensation for the family land in Pakistan. Also I believe, that my father needed his sisters’ written permission before he was able to sell it. My family live in the UK, but the money from the land sale was kept in India. I was always told that this money belonged to my brothers. However I have recently discovered, that due to changes in succession law in 2005, me and my sisters have equal rights to this money.
My father refuses to discuss this with me, and him and my brothers are no longer speaking to me. What rights, if any, do the we the daughters have to this money?
I have very little knowledge of any information regarding the land deeds or the sale arrangements. How would I find out this information, especially as I am not resident in India. My brothers have already spent some of this money and have purchased some holiday lettings property, should we, the daughters of the family, have any say in how this money is spent?
Discouraging women from taking informed decisions and actively participating in property matters is an unfortunate reality the world over.
If you and your sisters can piece together more information,I might be able to suggest something more concrete.
In the first instance try to piece together exactly what property was exchanged to get the property in India.Then find out how that original property was acquired,when and by whom and how.Then find out how it was previously transferred down the family.The general idea is to confirm that the property was actually ancestral.For this to be confirmed there are 2 conditions to be satisfied as I have posted.
Then coming to when the property was exchanged in India,if there is reason to believe it ancestral,check if the property was partitioned in your dad’s generation,if so it becomes the self earned property of your dad and he could do as he chose no matter how unfair.Try to piece together what was the written document your aunts signed.The fact that written permission was required doesn’t automatically mean that the property was ancestral. Eg. it could have been the self earned property of your father’s father and he could have died intestate.
To find the details of any transaction you need to piece together the location of the property and do a registry search.Many of these details are computerized and you can find them online.For the rest you might need to approach the High Commissions of India and perhaps Pakistan and hire lawyers in these countries.Also collect information of the bank account details and further transactions of the money in it.
Only you are best placed to decide whether you wish to spend the money to proceed and whether you don’t mind alienating you family further.The way forward is tough and success is not guaranteed.Possession is 9/10th of the law in property matters and money can be transferred easily and vanish without trace.If you can find some way to freeze the money in this account,then your chances of getting a fair deal increase.
The property came from my great-grandfather to my grandfather and his brothers. There was no property division in my father’s generation. My grandfather, who was still alive @ the time but not living in India. They wanted to sell the land as they were concerned about some realtives trying to take it over. I believe my grandfather signed the land to my father so that he could go to India and sell it. It was only when he tried to sell it that he found out that his sisters also had rights to the land. They were then persuaded to sign over their shares, in a rush and under some duress (obligation?). We know the location of the land, and thank you for suggesting online searching. No one in the family is very forthcoming with any information, as they feel obligated to protect the men in the family. For me it feels like a matter of principle, as I have been learning about how women that want to claim their rights are being treated in India. Thank you so much for your considered response. I really appreciate it. If I get more information I will get back to you.
Sure.Feel free to call on me.
What I find interesting is these words you write:
If there was no division in your grandfather’s time,how did he get this right?So either there was some division or there is some illegality here.Or perhaps there was some POA sale,where the buyer was not too concerned with the niceties of the law.
Sorry for the confusion, there was division of land between my grandfather and his brothers. I think my grandfather also added to the inherited land. There was no division in my father’s generation, since he was the only male child.
I believe the land was sold to an agent, who then sold it on to a local man. I did look for the online land registry data, however our area is not online yet. Is there another way to find out the land registry information, that I can access from abroad or who would I need to contact?
Thank you for your advice.
Maya.If there was a division of land in your grandfather’s time,the property is considered self-earned.In such cases the owner can do with them as they choose,no matter how unfair.Regrettably,in this case you and your sisters don’t have any rights by birth,in the properties that were sold.
My father died WITHOUT leaving a will.
A) My mother is my father’s second wife and I am the only child to my mother.
B) My father’s first wife died long back and my brother is the only child to her.
C) My brother has two son’s both married and living in abroad. They have 1 child each( 2 yrs old )
His only property ( a house – self acquired one ) was partitioned between my mother, my brother and me, on mutual agreement. ( At the time of
partition my brother’s sons were above 21 years.) My mother already gave her share to me. Now my brother is also willing to ‘Gift’ his share
to me.
Since the house would be their grandfathers property for my brother’s 2 sons and their children,my queries while I am receiving my brother’s
share of the property
1. What rights do my brother’s sons and their children have on my brother’s share BEFORE and AFTER it was partitioned. If they have no
rights, if you could explain why, it would be great.
2. Should my brother’s 2 sons also sign or relinquish their rights over my brother share in form of registered deed.
3. Would house be treated as an ancestral property for my brother’s sons
4. If my brother’s sons consent is not required in this case, which scenario would prompt to obtain their consent.
I am looking forward to complete the transaction in next week, so looking forward for your kind and immediate help. Thank you very much.
Balak,as your father died intestate,his assets would devolve as per the Hindu Succession Act.Link
These assets would then be considered as self earned by the recipients and as such they could do with it as they chose,including gifting their shares to you and their descendants have no say in the matter.
As your brother’s descendants have no right to the property by birth or as per the conditions of a will,the need for relinquishment deeds don’t arise.
A property has to have been used in common continuously for 4 generations,with no partition in the intervening period.This is not the case with respect to the property in question.
Thanks much Mam. My doubt is cleared.
To be on the safer side, I am also taking an NOC from my brother’s son’s at abroad. Please let me know if the NOC needs to be approved by the Indian embassy in their city and also if the NOC needs to be adjudicated in India and registered in the registrar’s office.
Unnecessary in my opinion.You could try registering the document locally if you want.
Thanks again Madam.
Today my hired document writer at the registrar’s office told me that, the Gift deeds ( even if termed as irrevovcable) can be cancelled. He himself has facilitated such cancellations for clients. my question is gift deed cancellation, legally valid.
Also, I am going to GIFT my brother a piece of land that I acquired, in return to the GIFT he making to me ,plus some cash to brother, to equal the value of my brother’s share of my father’s property . These would be done in two different transactions and documents would not mention about the other transaction. Is these two transactions legally valid.
Also is there any other way to effect this transaction. ( exchange of properties, so that I get my father property )
Please advice.
Your document writer is sharing his half baked knowledge.As I mention here,a gift deed can be challenged.This is a weaknesses that can also be a strength at the same time.
In your case why don’t you have a competent lawyer draft a settlement deed?
Hindu Mom with a self acquired agricultural property died leaving 2 minor children (a son 1 and a daughter) and Dad with no will. At time of death, moms brothers had been the ones who were tilling the agricultural land and providing lease amount and grains to sister. Dad contested against the brothers and judgement went in favor of minor children with dad as guardian as it was proved that it was self-acquired. Dad by this time remarried and begets a son 2. Property is now a deemed commercial and the adult Son 1 of Hindu mom is enjoying full rights of the property by renting it out. Adult Divorced Son 1, who was collecting the rents and solely enjoying it dies leaving behind a minor daughter. Adult Daughter transferred all rental agreements to her name on the death of her brother. Dad also dies leaving no will leaving behind the second wife and Son 2. This property is still in the name of the Hindu Mom with the property rents being collected by the married adult daughter. Daughter wants to divide property. Who all has rights over this property?
The Adult Daughter of Hindu Mom and minor daughter of deceased Adult Divorced Son 1 in 50:50 proportion.
The issue here would be that there is a minor involved and so its necessary to ensure that the property and the income from it is not misused or diverted.
my husband and his younger brother are the executor of his deceased father’s will (mother is dead). According to the will, the 50 years old house to be divided into the 3 – 2 for each son and 1 share again divided among 5 elder sisters. Now, if my husband and my brother in law gives the house to a developer and goes for 50:50 share and the sales proceeds of our 50% share is divided between brothers and sisters in 2:1 (/1/5), what is the implication of long term capital gain tax and other income tax , stamp duty etc., ? Is it to be paid either by my husband or both brothers or by all according to individual share?
When you inherit property you are not required to pay any tax as we no longer have estate duties.Registering the property in the names of new owners doesn’t attract stamp duty.Selling inherited property might attract capital gains taxes.Link
In case you sell your share of the property after redevelopment,the buyer will have to pay stamp duty and the seller will have to pay capital gains tax on the difference between the sale price and the original price of the appropriate share of the old house,indexed for inflation.
my grand mother acquired a property from her father but in the will he mentioned “this property will continue to transfer to sons and sons of the daughter”. now she has 3 sons and one daughter, out of which 2 sons died already.and the died persons has 1 daughter each.And to my father a son and a daughter.about 5 years later my grandmother transfer the complete property acquired by her from her father to my father who is the son of her.but now because of some situations arise,she wanted to claim a case against her son who is my father to reclaim the property.may i know is this valid and as a heir and a only male at 3rd generation in the family ,may i have any special rights to claim the complete property?
Sandeep I need a clarification:
Please quote the exact words of the will.
the father of my grand mother wrote this will.and he he wish not to sell the property until the generation of his daughters grand son. up to then the property was transferred from one generation to another only through the sons of his daughter
How did your grand mother transfer the property to your father?What was the instrument used?Is the property now registered in your father’s name?
yes.about 5 years ago.but now she wanted to claim it back.
What was the instrument used to transfer the property to your father?
by means of registration on a stamp paper in a register office in front of a govt registar
No, I meant was there a gift deed or a no objection certificate etc.?What records were created at the time?
it is a gift deed
Then there are no worries.Gifts are unconditional and can’t be revoked.
thank you mam
You’re welcome!
Hi Keerthika
My grandfather died in 2004. He had 2 sons, my father aged 78 and my uncle aged 70 and no daughter. My grandmother had died prior to his death. My father and uncle, both are still alive. My grandfather has self acquired land in UP.
Before my grandfather death, my uncle managed to get the will done in his favor. My uncle has already sold some of the property after getting it transfered to his name using that will. Prior to his death as well (in year 2002), he sold some property using the power of attorney made in his favor by my grandfather.
As i understand it’s very difficult to prove if the will was forced, do i as grandson has any right on property. Can i contest that will in court and ask for my share in property ? I and my father are together and want to contest this will. My question is who should challenge the will, me or my father ? Do i stand better chance to claiming the property that my uncle has got tranferred to his name?
And is there anything i can do for the property that is already sold using will or power of attorney.
Thanks in advance for your help.
Regards
ST
ST was the will registered?
I don’t have access to that will, but I guess yes. Do I have any option if the will is registered?
If it is not registered is it not valid?
If the will is registered you will find challenging it tough.
First get a copy of the will,and check if it is registered.Then decide if you wish to challenge it and on what grounds.
Registration does not make a will more or less valid but makes your uncle’s case stronger.
Think twice before fling cases.No matter what lawyers say as it will be hard proving insanity,coercion,fraud etc.
If you wish to go ahead with filing cases,do it in your dad’s name first.Make certain your’s is second,as you might have to continue fighting it after he’s no more.
Thanks a lot for your response, Keerthika!
I am not in talking term with my uncle. Where can i get the copy of Will and how do i confirm if this will is registered?
Regards
ST
Find the registry office corresponding to each of the properties.Apply to know the ownership details of such properties.Then ask for details of transfer of ownership.That should produce a copy of the documents your uncle used to transfer properties.If requests don’t work,pay 10 rupees and file RTI queries.Ask for and receive on the spot acknowledgements of all your submissions and maintain xeroxes of all applications,so that you can escalate complaints if necessary.
Be certain you don’t lose time.Already you are late in taking action and have weakened your case.
The SC has now banned transfer of properties via POA. But I’m not sure it has a retrospective effect.You could research the case law on the matter to see if it helps with the 2004 alienation.
hello mam
i want a important suggestion on my problem
in 1970 my grandfather expired who has 2 sons one my father and 2nd my uncle who was younger…
on my grandfather death wwe got a lumpsum amount and my uncle purchased a land on his name of that money which was legally of my grand mother and on mutual understanding we made a house on it and both the brothers have contibuted equally in the house makinf on that plot…
i want to ask what legal right does my father who is elder have in that property
we belong to gopalganj bihar
we have consulted many people on this … few say that my father doesnt have any right…and recently we consulted a official in gopalgang who said that my father has a equal right in it…
so i want to confirm the real legal status of my father in that property…..
plz plz reply to my problem
In theory your dad owns half of the house and your uncle the rest of the house and the land.
The hard part will be in proving that your dad owns anything at all,unless you can show proof of the story you have narrated here.
If there is ancestral land/property, how do we know if it was shared or divided and so can be left in a will.
My father passed away recently and left all his property in the will to my mother. He left all self acquired property in the will and a paragraph stating if anything has been left off it is to go to my mum. there is also ancestral land(passed down from his great grandfather) , but we have been told that, this land stands outside the will and goes to the children (both daughters and sons) in equal shares. the solicitor dealing with a self acquired property has drawn up a contract which forfeits all the children’s rights to the ancestral land and the self acquired land at the request of my uncle even though we only asked him to deal with the self acquired land. He has said that we need to provide an affidavit waiving our rights despite there being a will and I am not sure if this is needed.
my dad mentioned to us that he asked his brother about dividing up the property, but this was not formally done. my dad had a sister, would she get a share? my dads father died in the late 70’s.
any answers would be appreciated.
Kira before I answer your question I need to determine details of jurisdiction.
Please start by telling me where these properties are located and the nationalities and religion followed by your family and your dad’s family.
the properties are in haryana. Indian nationality and Hindu.
First you need to get the particulars of this property you term ancestral and apply to the registrar for ownership details.This is one way of checking up if there was any partition in your father’s or grandfather’s time.This is not a conclusive proof of ‘no partition’,just partition.I would suggest you hire a local lawyer to check title deeds.
Would you know of any other property belonging to this same grand father?Checking their ownership details might help you prove partition.Or work from how many children your great grand father and father had. Check the registration details of their ancestral property to find proof of partition.
Also you could hunt for partition deeds or family settlements to prove partition.
Now coming to the specifics of your query:Unless you wish to waive off your rights to the property you should refuse to sign the papers this solicitor has prepared.
The self earned property is now your mum’s and she can do with it as she pleases.
In case of the ancestral property,if you can prove partition ,your dad’s becomes your mum’s to do with as she likes.
In case partition can’t be proved your dad,his brother and sister if she was born after 1956 have shares.Their children get shares in their absence.Also family members of your grandfather’s siblings get a share.
Now for mu advice:Get the properties valued first.No point raking up legal expenses trying to secure small properties.At the same time there’s no need to give up something valuable for want of some initiative.
In case of agricultural land,you need to be an Indian citizen to own it. So registration can’t be done if the new owner is not an Indian citizen.Land will have to be converted to non agricultural before registration.
Next accept you have to come to India and do the necessary work and deal with delays.An honest lawyer would be nice but expect that they might be influenced by your uncle.
Good luck to you!
1 My Great Grand Father Name- Duda Saharan having 30 acre agriculture land
2 My Grand Father Name-Malu Saharan Having 120 Agriculture Land(30 from his father mentioned in colm 1 and 90 self earned)
3 Malu Saharan has 6 children name-NATHU,DALEEP,BEGRAJ,PIRTHI,HARLAL,BALWANT
Each of six get 20 acre(5 from above mentioned 30 acre and 15 from above mentioned 90 acre)
4 Now Harlal married two times.
Harlal Married With Ailo Devi by which Two son Rajesh and Jai took birth.
After the Death of Ailo Devi Harlal married with second time to Manju Devi by Which a daughter Bhawna took birth.
5 In 2009 Harlal made a WILL which is as-
9 acre to Jai(2 from above mentioned 5 acre in colm 3 and 7 acre from 15)
9 acre to Rajesh(3 from above mentioned 5 acre in colm 3 and 6 acre from 15)
2 acre to Bhawna(from above mentioned 15 acre in colm3)
60 thousand per annum to manju devi, this money Manju devi will get from Rajesh And Jai
6 on 24 july 2013 Harlal Passed away due to cancer
7 According to will, Intkal of land rgisterd to Rajesh(9acre), Jai(9acre), Bhawna(2acre)
8 Now Widow Manju Devi and Bhawna filed a case in court and they demand equal shre in land
Plz suggest me what can happen and also tells that this property is anccestral or not?
From what I can gather from your comment,partition of the land tool place in Harlal’s generation.You can prove this if you can show land registered in your uncle and aunts’ names.
So the land is considered Harlal’s self-earned property and he could leave it to whosoever he chose.
The crux of the matter is whether the will was registered?If not you have a problem in your hands as its authenticity could be called into question.
Also I presume you are regularly making the 60K payments to your step-mother, so barring some special clause in the will I don’t see your step mother and half sister as having much of a case.
If the case is already filed, you can get a copy of their plea and check to see what they are saying and then put forth your reply.
thanx
Will is registred
plz tell me about Partition of Land tool asyou mentioned
Well there might have been a partition deed or just go to the registry office and show the properties were transferred to your aunts and uncles to show that partition had taken place in your dad;s time.So all your dad’s property could be considered self earned,which he disposed off as he chose by his will.
Hi sir ,
My grand father has a property , he is having 8 daughters & 5 sons.in this 8 daughters one of the daughter is died after my grand father passes away.But i want to know about can i claim for the mothers share as per Islamic law.
Please revert back soon .
Thanks & Regards
Md Ismail
Ismail I am not very familiar with Mohammedan Law.So I need to put your query to others who know better.I need the answer to some questions first:What sect of Islam do you and your family practice?How did this property come into the possession of your grandfather?Did your grandfather leave behind a will?
Hello ma’am gd mrg thank you for your kind reply to my words.
yes let me explain you about our family .
1. We are following Sunni ( Syeds )culture in Islam.
2. Wat happened na my Grand father and his brothers took a land and made a property in the name of his father ( i.e . Great grand father name ).after wards they make in my grand father name and his brothers name. then when my grand father brother died ,my mama putted that in his name and his siters name then after a period they sell a land and distribtued to my mamas an my aunts and also to my mother after a period of time( some were given to my studies and to my sis marriage ).Now wat happend na my grand father died in 2005 and my mother died in 2007. so my mamas r telling i can’t claim the share in my mothers name ( I.e. in Islam law itseems ). So i want to Know that is true r false. So i can proceed with putting case against them.
3. No my grand father didnot made a will.
Please revert back at the earliest.
Thanking you
Regards
Ismail
Ismail
I’m sorry I could not understand your explanation at all.Could you write out the particulars of the properties as Rajesh has done in the following comment?
For non-testamentary succession the The Muslim Personal Law (Shariat) Application Act, 1937 is to be applied.To work out shares and understand what is going on,I need to know the full details of all the heirs and the totality of the value of the properties your grandfather left behind.
Hi Madam/Sir,
I need your very important legal suggestion.
I have two elder brothers, one elder sister (dead now, elder sister has one son) and two younger sisters. All my sisters are married and settled. My parents are alive. They live in a village. I live in Delhi. I bought a flat in Delhi in 2004 in the name of my father. The cost of the flat was borne by me and my father (my money was 40% and father’s money was 60%). My father invested this amount with intention to help me buy a flat as I live in Delhi. Later in 2009, my father transferred this flat in the name of my wife with the intention to safeguard my rights on this flat. In 2010, my wife sold this flat due to some personal problems.
Now in 2013, when my brothers are in the process of partition of the ancestral property, they are claiming equal rights on my flat. They claim their share in the said flat as the amount equal to the present cost of the flat what it would have been in 2013 whereas the flat was sold in 2010 only. As my parents are alive, they say that some part of the cost of the flat was gifted by them to me and they don’t want any share of this flat to be given to my two elder brothers as the money my father invested in my flat was his own earning. My parents want partition in their lifetime so that no problems arise after their death.
Please advise me if there is any right / legal right of my elder brothers in my sold flat. Also, if Yes, their share would be on the purchase cost of the flat or sale value of the flat. If their share holds good, then their share would be out of only 60% cost of the flat or the whole cost of the flat. I think If they take share in 60% cost of the flat, then 20% share should also be mine.
Please guide me as there has been a quarrel among us. I and my father think that the elder brothers have no share but elder brothers think they have equal rights because no legal partition in my family has so far taken place. If possible, please let me know the section of such law so that I can show them what law says. This will really help me very much take decision.
Please help!!
Thanks in advance
In the end the flat was the self earned property of your wife who could do as she pleased.The sale proceedings in theory were hers to do with as she pleased.And if you two are still happily married there can be no problems here.
The money your dad invested was his self earned money and he could do with it as he chose.
Your brothers have no legal case.At best they can say your father was partial to you but that is no offence in law,no matter the ill will it causes among siblings.
sir,
my grandfather bought some land property in his name as a self-acquired property in 1951 and he also gets one share in his widow mother’s self acquired land property which was also bought in 1951. Now, my grandfather gifted his both shares to my mother’s name in 1991 in a single deed paper and died in 1993. Now, my four uncles wants to take share in this gifted land property by court. Is it possile or not and what happens in future regarding this land property? Please guide me.
Did your great grandmother leave a will?Did she gift a share to your grandfather?Or did a partition take place etc.?
I don’t see how your uncles can make a valid claim on what is now your mother’s self earned property.
BTW are we talking about your maternal or paternal grand father?
What are your uncles claiming in their suit?
I am from Hindu Family. My grandfather had two son. He died when they were minor. After the hindu succession act 1956, the municipal corporation issued the sell letter in 1958 in the name of elder My Grandfather and his elder son as the younger was minor(less than 16 years) and hence his name was not mentioned. Sellers name was not mentioned as this was our ancestral property before the hindu succession act. This is to clarify that elder son died in 1975 and her family is not living in this property from 1962.Only the younger son is living since then, and buit the house on half portion of the property. Please clarify whether its ancenstral property or self-acquired by elder son. What is the share of the younger son?
To give a definitive answer I need to first ask you how this property came into the possession of your grandfather.
As it stands now,legally speaking the property can be claimed to be the self earned property of your grand father and your father but your great uncle and his family have all the rights of the possessor of any property.Actually this is a Mexican stand off.The whole family can litigate for years if both sides have the time,money and will and keep many lawyers happy or amicably settle with one another and live in harmony.
Hi,
I understand that property divided and recieved from parents are considered as self acquired property. Can I challenge this rule to reconsider?
My grand father has divided his own earned property between my father and my uncles, and subsequently my father had sold his share of property and bought another property with same money. My question is whether or not I have a right on this another property.
My father did not do any business or job whole of his life so he never earned anything by his own effort.
Please guide.
If your father wills the property or a share of the property to you or dies without a will you can get some or the whole of the property.But you have no automatic right to this property if your dad doesn’t wish you to have it.
I have a question. DO you think if a parent brought some property on a minor child, does this property belongs to that child only or it have equal share for all other children?
It belongs to the minor child named only.
excellent suggestions
Thanks
My grand mom has acquired a house from her mother. Her mother build the house and was the sole owner of the house. My grandmom has a sister who has renounced the claim to the house . Can my grandmother will the house to only 3 children and leave out 2 other children? Can the 2 children then stake a claim on that house later on?
The property would be considered the self earned property of your grandmother and so she can leave it to whoever she chooses.If she dies interstate then the property would be divided as per the personal laws of your community,If your grandmother leaves behind a valid will then the remaining children cannot stake a claim later on.
Hi,
My husband has forfeited his share of his father’s property (there was no will) and agreed to his mother’s request that the property be sold and the entire amount be given to his sister ( unmarried). Now, can she claim a share in his self-earned property /or a maintenance as a dependent?
No.
Hi, thanks for the insights. It is a very helpful article. Clarification is needed on the following case:
Post partition a land was alloted and was in the name of the youngest brother (3 brothers). However, the youngest brother was a minor then and was not allowed to legally have his name on the paper and the signatures weren’t exactly his. Since then two of the brothers have been carrying out a business and since last 10 years they rented out the property. now the third brother wants a claim in the property. Is he allowed?
Also, can the brother who is the minor in this case claim the whole property to himself in future.
PS: By partition i mean when the land that was alloted immideately post independence and the signature isn’t the gurdian’s signature but attempt was made to copy the minor’s signature and fake him as a major which resulted in a fake signature that is in reality nobody’s signature.
Also, if the rent agreements have the name of two brothers. can it be used as a proof for claim.
Yes the third brother has a valid claim.Should he wish to claim the whole,he could.
Actually your case is pretty complicated and lawyers can keep matters pending for many generations and make a good living off it.Depending on who you are and your interests,the case could be argued in many ways.
Dear Mam,
i want your advice as I was going through your advices I found them to be very helpfull.
I live in my laws house. This house was purchase by my husband’s grand father. He transferred it to his wife. My husband’s grand mother divided it in 4 sons. in this way my husband’s father got it through will. it is still on will. later on when my husband’s father got sick. he made a will where he divided it into 3 for 2 sons and 1 daughter. Husband’s fatrher is still alive.
Now the issue is my hasband’s brother asked his father to sale his portion as he need to buy a seperate house. he did so. He got his portion.
But again greed is coming up and want a division in left out part too.
What is our stand.
Nothing really.The property is considered the self-earned property of the father for legal purposes.He has the full right to do with it as he pleases.Unless the son is physically coercing his dad,there is nothing you can say.
Hi,
We are living in a property which was owned by my great grandfather. Since our family had moved to India after partition, so my great grand father got a piece of land from the government. He sold that land & bought this land where our current house stands around 50 years ago. My great grandfather passed away 25 years ago. He had 8 children – 5 sons & 3 daughters out of which only 3 sons & 2 daughters are alive. Slowly & steadily all his sons moved out of the house after they got married & only my grandfather’s family i.e. us & youngest brother live in this house. As far as we know, there is no will for the property. Suddenly after 25 years all the descendants of my great grandfather now need a share in this property.
Wanted to check, can they stake their claim after 25 years suddenly, and also, how does the whole division happen?
If you can show that some sort of settlement took place,when the sons moved out,you might be safer,else you probably have a pretty troublesome case at hand.
Whose name is the property currently registered in?
Hi,
Its still in my great grandfather’s name.
Then you have a massive problem in your hands.There are many such cases pending in our courts for decades.
Only you can decide whether the property is worth the expense of a legal battle.
sir i want clarification on my grand father property. he has purchased the property & my father is alive , we are living separately on rent ,I want to know if my grand father has registered will
& he has not given my father share from there property. so can we challenged will claim our share & how?
If it is the self earned property of your grandfather,there is no compulsion that he should leave any of it to your father or to you.
Hi Sir ,
Requesting you to please give me the correct Guidence
I have a house in KOLKATA
House was bought by my Grandfather in the name of my Grandmother
Now the have altogeather 6 son
My Dad being the eldest
My Dad has never worked I work and the house runs I have a twin brother as well
Now when my Grand Mother dies she did a WILL
that the house will be devided in Six parts for six brothers
I dont have good talking terms with my DAD
He now says that he will throw me out of the house as I dont have any rights
My question is that do I have any rights on the house that I can claim
He also threathen me that if I dont leave the house he will do a crimnal case and get me arrested as he is senior cetizen 67 yrs
Where do I stand ?What are mt rights with respect to the house?
Ravi,
Please get in touch with Advocate Mohan at advocatemmmohan@gmail.com
He is a regular reader of the blog.He recommends a local advocate,and will suggest the way forward.I have spoken to him already.
The property is the self earned property of your grandmother and she has the legal right to will it to whoever she wants.If she is now dead you can’t appeal to her.I’m not sure if you have any reasonable grounds to challenge the will and if its worth doing so.A lawyer can suggest if its possible and worth the time and cost to do so.
As for how to recover the family living expenses of so many years too,a lawyer might have some strategy.You will need to ask.
Also be certain to take legal advice so that a civil matter doesn’t become criminal.
Dear Mam,
I loved your write-up. I have a query. Please help me with it. My husband has acquired a property from his mother which is being registered in his name. He has two brothers. Can they put a claim for that property if my husband wants to sell it?
Thanks
Annie
Annie how did this property come into your mother-in-law’s possession and how is the title being transferred to your husband?These facts will help determine your brother-in laws’ rights if any.
Dear Mam,
Its being mutually agreed between the brothers and signed consent of transfer is being given by them for transfer whereby it was registered in his name. So are there any chances in future for them to stake claim on the property.
Thanks Annie
No. Your safe,
Very good write up.
Thanks
After death of his father (1958) a 2nd elder brother became bread earner for his elder brother, younger brothers as well as mother. After fulfilling their needs the 2nd elder brother purchased some lands in his own name (1960-80). Latter on mother died (1991) and brothers got divided. Now (2013) younger brothers (elder brother died and was unmarried) are claiming that that they have share in the land purchased in the name of 2nd elder brother. Is their claim right or not? It may be noted that the 2nd brother left home after his father death studied at far places with the help of others, thereafter earned leaving at far places and latter became legal resident of far places and got government job in that far district. some lands are purchased before getting Govt. job and some before. Please give your view.
Sir, the properties are self earned not ancestral.From the case as you have narrated it I can’t conclude that they have no claims on the land but they have no claims on it by virtue of the property being ancestral.
Sir, Let me know what more information is required to conclude?
It is clarified that the father sold his lands or handed over to others on Rehan during his life time. After his death the 2nd elder brother earned leaving at far places and got back the ancestral lands from Rehan by paying the holders. Latter on he purchased some lands in his own name. During division in 1991, the 1st elder brother distributed the ancestral property among all brothers equally and they made no claim on the land acquired by 2nd elder brother and it was handed over to him. Now in 2013 after selling most of their ancestral land the two younger brothers are claiming that they have also share in the land acquired in the name of 2nd elder brother. Their logic may be that the land was purchased before physical division between them. The truth is that since mother was alive and seeing the miserable condition of younger brothers along with mothers the 2nd brother not intended to divide ancestral lands but help and let them enjoying the whole ancestral land as well as land purchased in his own name. But after death of mother younger brothers quarrelled resulting in division of ancestral land but the land purchased in the name of 2nd elder brother was left with him. Now (2013) the claim of share by younger brothers in the above purchased land is legally right or not?
The real problem is going to be in proving that brother 2 didn’t throw his property into the common pool and as a result it did not become ancestral property.And that to do so has never been his intention.
What you call ancestral land,are you certain it strictly meets the definition of ancestral land?Was there perhaps any division in your father’s generation?
Property residential house is self acquired.
Elder son along with his wife debarred through public notice from every movable/immovable on seeing their unfavorable behavior.
Younger son’s behavior is so far ok.
Prayer:-
I just want to evict my elder son with his wife. Please suggest.
How much time it may take or can she (daughter in law) has any claim on my property.
As the property is self earned and you can prove it, your sons no not have any automatic claim on them ,much less any daughter-in-law.However should she be in residence in the property or any part of it, you have a messy case in your hands and matters can drag on depending on how she plays her game.
My grand mother possess some property ..She got it from grand father .He bought it himself.What is the right of grandma’s children in that property …will it considered ancestral or self owned??
Self-earned and BTW not owned.
sir i am muslim my ancestral house (my grand fathers) which had no documents but we are paying house tax in the name of my grand father.my grand father and my father died.how will we create documents
Have you done a search in the local registry office ?
Property: House in Gujarat and empty. Property tax and electricity I pay in my name.
Ancestor property: no one knows and no record in record office. As far as I know that it was bought by my grandfather but I have no proof.
Whose name: On my name and transferred based on grandfathers WILL documented in Panchayat. WILL is not available or does not exist today.
Property was transferred to me in 1985 (I was 20 years old and my grand father passed away in 1981) based on the record in Panchayat
Family Tree: My grandfather had two children. Son (my father – passed away) and daughter (widow). My father had 5 children including me.
Problem: My older brother is asking for 50% share.
Does my brother have rights to ask after 25 years or for that matter anyone else to question after 25 years? Is there a limitation ?
Akarni register in my name which is same as title in villages I believe for past 25 years and my brother knows that.
How would the transfer be not valid when it is done by Panchayat 25 years earlier even though WILL is missing from everywhere?
Doesn’t limitation Act or something applies here?
Yes you have it right.He has not much of a case so don’t worry.
Property possessed by Hindu female is her absolute property & she has full power to dispose it of as she likes?
I have received the property from my father Prabhakarrao, which he has received from his mother by written stament(will) in her lifetime (when she was alive. I inherited the same from my father after his death with NOC from my mother since i am only one daughter & not having sisters or brothers.
My family histry is as fallows–
My grate Grandfather Mr. Ramkishnrao Devgaonkar has transferred his 1/3rd of agricultural land in 1950’s to his adopted son & my Grandfather Mr. Nanarao & 2/3rd Agricultural land to Nanarao’s wife Mrs. Prabhawatibai (my grandmother), by himself when he was alive. Mr. Nanarao has sold out the land which was on his name in 1980’s when he was alive. He expires in 2000 due to old age.
Now, Mrs. Prabahwati bai widow of Nanarao ( my grandmother) made the property division (which was on her name) verbally in 1998 between her two sons Mr. Prabhakarrao(my father) & Mr. Bapurao(my uncle) & they have the holdings on agricultural land & house since then. My father has one sister Mrs. leelabai who married in 1960’s.
In 2007, however she has written formal partition agreement (as per holdings of land by her son’s), thinking that their should not create problem in future, as she was becoming old age) on Rs. 20 rupees Bond paper which is signed by herself, her both sons & two more witnesses from the same village. Based on this the land is transferred to her both son’s & they have received PattaBooks & also having holdings on land.
Now, Mrs. Prabhavatibai my grand mother expires in April, 2009 & immediately after 2 months Mr. Prabhakarrao my father is also expired in June,2009. After 6 months of my fathers death we have made application to Revenue Mandal office for transfer of property which was on my father’s name to my name with no objection certificate from my mother who is staying with me.
Property is transferred on my name in 2010 (since myself & my mother are only legal heirs to my father) & I have became Patedar in revenue records (Received PattaBook on my name) & I have continued the holdings on Land by myself since expiry of my father.
My Grandmother(Prabhavatibai) also has one OLD House(more than 100 years) on her name (which she has received from her parents & hence her name here on this property is shantabai D/O Bapurao Maturkar) in near by Town which is located in Karnataka(on border of AP), in which my mother is occupied 1/3rd portion & my uncle & his children occupied 2/3rd portion which is undivided till date.
Now, my Aunt Mrs. Leelabai Zolgikar & my uncle Bapurao Devgaonkar are saying that the division of property done by my grandmother was not proper & it should be divided again, they started giving trouble to my mother & me saying that we have to agree “as they want” the division of House(only one or two room they wanted to give my mother out of 10 rooms) & also some Land, otherwise they are threatening that they will go to court.
Pl. let me advise whether division (Disposal) made earlier by my grandmother is correct or wrong. As per my knowledge she has full ownership on her property (As per The Hindu succession Act 1956, section 14, & its amendment 2005, “Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes”.
Now since my grand mother & my Father both are not alive & after 15 years of land holdings, 6 years of formal division & 4 years after expiry of my grandmother & father, they now got this new thought & have started giving us trouble.
Also I want to know how much share my mother will get in the house which does not have the division till date.
Hear I would like to mention that my aunts Husband Mr. Bansidharrao is experience Lawyer(40 years experience) & he is giving all inputs(Ideas) to my aunt & Uncle, he is a main mastermind behind this, based on his support they have started giving us trouble. My father was also lawyer but he was practicing criminal side & left practice long back due to his illness (bad habitts), where as Mr. BansidharRao is still practicing civil cases. When my father was alive that time he never interfered in my parents house, but since my grandmother & my father are not their he started his interference in our house since my uncle Mr. Bapurao is almost illiterate.
Can we speak over Skype?I need some clarifications.I have read your comment many times and still need to clarify a few facts.
my Skype id is keerthikasingaravel,Mumbai.India
Respected Mam,
Please consider my case and provide me with guidance.
My grandfather has two sons and 4 daughters. The Elder son being my father. Since the very beginning he has been the bread winner for all of us(his as well his brother’s family). Now he is retired and has spent all his savings in buying land and building a house for all. But later on he has been dumped by his brother’s family and now they are asking for partition in which they claim for 2/3rd of share on all things. 2/3rd because they have sided the grandfather with them. Now the problem is with the house which has been built recently when my father was in job (2007-08). And it was built on a land which they claim is in the name of grandfather, so they are asking for 2/3rd of share of the house and the land on which it is built. However the facts are that all the property was created by my father during his job by his money, he also has documentary proof of the money spent on the construction. But whatever land he had bought even the one on which the house is built has been registered in the name of my grandfather. My father’s brother or any of his son/daughter (also my grandfather) has no source of income till 2009.
So there is no investment of there’s in any way.
Hence in this condition, i want to know what can be the legal implications while doing partition and if it is possible for my father to claim right on the house and land constructed and bought by his hard earned money. Please do give your valuable suggestions
Thanking you,
Yours Sincerely
If your dad can prove that he made all payments,then he can prove its self earned property and not have to give anything to anybody if he doesn’t want to.But he may have to explain why the property was registered in the name of the grandfather.Beware of your relations informing the authorities that its your dad’s benami property bought out of unaccounted money.So have accounts for your dads money and remind them that there is proof of their complicity in enjoying your dad’s money if they claim its illbegotten.
Thankyou Mam..
You’re welcome.
HI Sir,
Wanted to check,if a Hindu family person who is currently 28yrs old now .Claiming to be a minor at the time of sale,can claim a ancestoral property after 30yrs of a sale of property with a proper registration and agreement in place.
Below are the sequence of events,can anyone help me with the clarity pls.A person ( X ) who had sold all his property to my grandfather in the year 1982 with a intension of buying a property in a different location.Now,his sons ( A & B ) who is 28yrs and 30yrs is claiming the ancestoral property which was sold by their father,as they claim their are minor at the time of the event.
Can they claim NOW ?
Can they claim,when their is proper documentation ( Registration & Agreement ) with a sign and signature of Mr X ( their Father ) and Mr X’s mother ?
Can some one claim,they are minor when they were not born at the time of the sale or event ?In this case,the sons were not born at the time of event.
Please help me with a answer to the questions.
Regards,
Poonacha
I’m not certain you are right in classifying the property as ancestral.I don’t have the facts to determine that.But these people would have acquired rights in an ancestral property at birth only.So firstly they have no right to this property as they were not yet born.Secondly there re time limits before a person must take his case to court.After 12 years,in case od disputes, the possessor’s claim becomes stronger than that of the person having legal title to the property.And after 30 years all prior rights extinguish.
So your case is strong in law and the worst these people can do is threaten,blackmail and take extra legal action and your remedy is to approach the police.
I got a proprty in 2006 from a person who acquired it by self. Now he had purchased it from another person in 1980 (sale deed registered) when it was his ancestral proprty. Can the first party’s heirs claim the property now after 33 years? Pl help.
Im in bangalore.
No.More than 30 years have passed.
In the above case
Limitation act – 12 years
So first party’s heirs have to claim before 1992.
Is it correct?
Exemptions might be granted by the court.A good lawyer will be able to give you details of the applicable case-laws.
My father and his two brother(my 2 uncles ) togather acquired a residential property, my father died in 2002, i have a brother. My first uncle is alive and second uncle died unmarried in 2005 therefore no son/doughter as LRs. When my second uncle died, one of my fourth uncle was alive but not connected with this property.
I would like to know as per Hindu successation act who all are entitled for his share of property as leagle hiers for my second uncle when he did not had his own wife/son/doughter/sister/mother/father alive.
Your first uncle and fourth uncle will get the share.
I have met 3 to 4 lawyers but they have different view so I’m confused. I want to tell you chronological events that have taken place.
1) My Father’s cousin brother Shri SK Patil (My grandfather’s brother son) married my mom’s own sister in 1962. My father’s name is DT Patil.
2) My mother’s father bought a site in name of my father’s cousin Mr SK Patil in 1963(sale deed in my father’s cousins name Mr SK Patil)
3) My parent’s marriage took place in 1974.
4) My Grandfather (Father’s, father) died in 1976. My grandfather had one brother. My grandfather and his brother had their self owned property together. After my grandfather’s death, my grandfather’s brother divided property in two parts and gave half property to my father and his brothers (which in turn my father divided among himself and his two own brothers). (All divided property got recorded in individual names in revenue office).
5) In 1982 my mother’s father bought another site in my father’s cousin name.
6) In 1984 my father’s cousin was told to transfer the 1st property to my father.
7) To avoid the sales tax, they made an affidavit in court that, as they both come from same family and had made family settlement before(but actually their was no settlement made), and as per the family settlement by mistake instead of Mr DT Patil (my father) in records it has come as Mr SK Patil, so it should be changed to Mr DT Patil.
8) According to this affidavit the site got registered in my father’s name.
By all these events does it become ancestral property? Can my father make will on my name? Are there any other options of transfer?
Given the stated facts this property can in no way be considered ancestral property.Of course your dad can will the property to you or gift it or in case you are the only child and your father has no dependents,even in the absence of a will you can be declared the legal successor.
nice one….very informative…where to find sections and acts regarding the same..
I got the info for this article from talking to my advocate.The sources are the Indian Succession Act,The Personal Laws of various communities,The Hindu Succession Act and various case laws.Perhaps going through the bare acts will help you find the sections.However if you have real life problems relating to properties might I urge you to consult a lawyer?You will not regret the small expense.
Very clear and lucid exposition the most misunderstood concept.
Thank You
nice one
Thanks
Nice to read
Very informative article.