Can u send the paper
Ancestral property
Respected sir My father recieved 120 beegha land and a 2000 sq ft plot in the middle of the market ( prime location) from my grandfather and they live with my elder brother and his family. Now, my elder brother has occupied all the land and the house and my parents under his pressure have named and registered everything on his name. And thus I've not been given any share of the property. Since this property was not hard earned by my father, so this is an ancestral property. I wanted to know do I have a share in this property or not? If yes , then what legal options should I adopt ?
Asked 4 years ago in Property Law
Religion: Hindu
18 Answers
The property is ancestral and hence your brother cannot be the sole owner of the property. In fact, your father your brother and your children too are shareholders.
File a suit for cancellation of the gift deed immediately.
Property inherited by father from grand father is not ancestral property
2) father can execute gift deed in your father name
3) if father has been forced to do so he has to file suit to set aside gift deed on grounds of coercion
1. Whether the property was your grandfather's self acquired property or ancestral property. If it were to be ancestral property, then you will have equal right over the property on par with other legal heirs.
2. Send a legal notice to your father and your elder brother for claiming your share. If there's no positive response file for declaration, partition and separate possession of the property by metes and bounds.
This is not an ancestral property.
It is your father's father property, your father inherited his share in that property.
Therefore your father becomes the title holder with clear and marketable title on his name.
In this property neither you nor anyone can claim any share as a right at least not during your father's lifetime.
If your father had transferred the property to your brother then it is your father's decision.
You cannot interfere in this decision nor you can prohibit your father from transferring his share of property to your brother.
Legally you don't have any rights in the property hence any legal action you may intend to initiate may not be maintainable.
Dear sir,
Yes, you have a share in the property.
It is suggested that you contact any local lawyer where the property is situated and get issued a legal notice demanding partition of property and allotment of your share.
If no reply is received or the demand is refused, you can institute a suit for partition and cancellation of the documents which have been registered in your elder brother's name.
1. It's not known how dis your father receive this property.
2. If your father inherited thus from his father on his death then both you and your brother have equal share in it.
3. In such case the transfer has no force of law and you can enforce your rights by filing a suit for partition and injunction.
Yes, you have share in ancestral property and can apply for partition suit in the court.
Simple and easy Please approach Civil Court for partition suit and the Court would make proper division of property and land between two of you as per the Hindu Succession Act 1956.
Yes you have a share in the same. You need to first send legal notice if not entertained by then then file partition suit in civil court
If the property was allotted to your father on partition then it becomes his self acquired property
If property was inherited by your father then his sons become coparcenors in it and all have equal undivided interest
If the property is transferred to elder brother and he is denying your share, you will have to file a suit for partition and claim your share
Property received from grand father is father self acquired property. On the birth of 4th generation, property acquires ancestral status.
If you have child or your brother than you have share in the property. You have to file partition suit to claim your share.
You can initiate process by sending legal notice.
Dear Sir/Madam,
You are suggested to serve the legal notice to release your share of the property and if not done, file the suit of partition against the brother and father.
Yes you have share. File a partition suit
1. No you cannot claim any share from property which is currently on your father name even if it is inherited from his father.
2. He can gift his land to anyone without your consent.
Your right occur on the death of your father. But your father can deal with the property in any manner during his life time. He can sell, lease, mortgage, gift, etc. during his life time. Ancestral property does'nt mean that you have any right in the said property during the life time of your father. I hope your understand. Suppose you inherited some property from your deceased father. Your son cannot claim his right during your life time. You can deal with the property as per your wishes. However, in case of your death and the property is not dealt by you, he can claim the same.
ancestral property is a property acquired by your great grandfather which has been passed down from generation to generation.
said property is not ancestral property.
incase if it is ancestral then you can file partition suit and claim your share.
- Since the said property came to your father from the grandfather , then you can claim your right over the same equally , even during the life time of your father.
- You can issue a legal notice notice to them for giving your equal share in the property , and if refuse then file a Suit for partition , Declaration & Injunction before the court , for getting share , to cancel the sale deed of your brother , and to restrain him to sell any portion of the property.
