you can claim your share since it is not a self acquired property
Is it a case of forgery or criminal
the ancestral property of my grandfather [after his death] was transferred to my father he donated more than half of the property to his wife and registered without my consent and my sisters were witness.i have 4 sisters.my parents and my sisters are plotting against me my father disowned me from the property and advertised in the newspaper that it's bcoz i am a spoilt brat. i don't have that amount of money like my parents to spend on lawyers .i have one daughter and a son.moreover there is no property for them too.the property is of multiple crores .i and my wife are so worried we are not financially secure we are in financial crisis please guide me what shall i do now...
Asked 10 years ago in Property Law
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6 Answers
Has the entire property been transferred to your father after death of your grand father? If yes, by what instrument of law the transfer was made? Since the property is ancestral you have an equal share i.e 1/6th therein which you can cull out by filing a suit for division of property.
Since he has donated the property you should bring the legal action immediately lest delay operates to oust your right to claim your share.
1) please clarify on what basis you say that property is ancestral ?
2) did your grand father leave any will ?
3) who were legal heirs of your grand father ?
4) how was property transferred in name of your father ?
5) did other legal heirs execute any relinquishment deed/ gift deed ?
6)how did your father transfer property to your mother ?
7) was it by gift deed duly stamped and registered?
1. since the property was purchased by my grandfather it is ancestral 2. no he has not left any will 3. my grandfather had 4 sons[4 legal heirs] 4. after his death it was automatically transferred to my father 5. yes other legal heirs have received equal amount of property as my father had 6. it was transferred through registry ad in two parts a) donation of 78 lacks and ad registry stamp of 1 lack 56 thousands b) donation of 17 lack 16 thousand and registry stamp of Rs 34500 7. yes it was duly stamped and registered.
Asked 10 years ago
1)your understanding of law is wrong . if property is purchased by your grand father it does not become ancestral .
2) since your grand father died intestate each son would inherit 1/4th share in property .
3)it appears your father received his 1/4th share in property as other legal heirs received their share
4) your father it seems transferred property in name of your mother by gift deed .
5)your father was absolute owner of property and he could gift it to your mother .
6) you have no right in said property .
already replied
You should have at the outset mentioned that the property was purchased by your grand father but you chose to call it ancestral by assigning to it a subjective interpretation. However, this is not going to change the law. Merely because the property was purchased by your grand father it does not make it ancestral in character.
If your grand father died without a will then the property would pass on to heirs in the manner laid down under law. There is nothing such as 'automatic transfer of property'. On the death of your grand father all his children succeeded to the property in equal shares. Your father transferred his share in the property to your mother. Hence, you have no right whatsoever in the property.