Practical Questions on ANCESTRAL PROPERTY (Answers with support of the High Courts and the Supreme Court Rulings) [PART-I]


Practical Questions on
ANCESTRAL PROPERTY
(Answers with support of the High Courts and the Supreme Court Rulings)
[PART-I]

By
Y.SRINIVASA RAO

Meaning of Ancestral property:-

Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling].

In Mulla’s Principles of Hindu Law (15th Edition), it is stated at page 289 :
“………. if A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’s father, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases ………. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.” [Smt. Dipo vs Wassan Singh & Others, 1983 AIR 846, 1983 SCR (3) 20]
Again at page 291, it is stated :

“The share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue. They take an interest in it by birth, whether they are in existence at the time of partition or are born subsequently. Such share, however, is ancestral property only as regards his male issue. As regards other relations, it is separate property, and if the coparcener dies without leaving male issue, it passes to his heirs by succession.” [Smt. Dipo vs Wassan Singh & Others, 1983 AIR 846, 1983 SCR (3) 20].

The Hon’ble Supreme Court observed that “Ancestral property means, as regards sons, property inherited from a direct male lenial ancestor, and as regards collaterals property inherited from a common ancestor “.[Maktul vs Mst. Manbhari & Others, 1958 AIR 918, 1959 SCR 1099].

Under custom, the term `ancestral immovable property’ has been understood in the sense in which it has been defined in explanation 1 to Art. 59 of Rattigan’s Digest of Customary Law and under all canons of construction of statutes it will not be permissible to resort to the dictionary in preference to this definition. The term has a technical meaning in Hindu law and any use of the dictionary meaning of the term in construing statutes dealing with Hindu law subjects will be questionable. The same is the case where a statute regulates limitation for suits under custom.” [CASE NO.:Appeal (civil) 7122 of 1997, Ranbir singh and others Vs.Kartar Singh and others, DATE OF JUDGMENT: 25/02/2003]
The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner’s coparceners with him. They become entitled to it due to their birth. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling.]

What is separate property?

It is equally well settled that excluding the property inherited from a maternal grandfather the only property which can be characterised as ancestral property is the property inherited by a person from his father, father’s father, or father’s father. That means property inherited by a person from any other relation becomes his separate property and his male issue does not take any interest therein by birth. Thus property inherited by a person from collaterals such as a brother, uncle, ect., cannot be said to be ancestral property and his son cannot claim a shre therein as if it were ancestral property. There can, therefore, be no doubt that the property which the appellant inherited from his uncle (natural father) was his separate property in which his major son could not claim any share whatsoever. [Madanlal Phulchand Jain vs State Of Maharashtra And Ors, 1992 AIR 1254, 1992 SCR (2) 479].
Each son upon his birth takes an interest equal to that of his father in ancestral property
It is true that under the Mitakshara Law each son upon his birth takes an interest equal to that of his father in ancestral property, both movable and immoveable. This right is independent of his father.[Madanlal Phulchand Jain vs State Of Maharashtra And Ors, 1992 AIR 1254, 1992 SCR (2) 479].

Who is Coparcener?

Coparcener. One who shares (equally) with others in inheritance in the estate of a common ancestor [S. 6, expln. 1, Hindu Succession Act]”.

Daughter should be alive and her father should also be alive on the date of amendment Act,2005

A Bench comprising Hon’ble Justice Anil R Dave and Hon’ble Justice A.K. Goel, in its October 16, 2015, interpreted the succession law while setting aside the judgment of the Karnataka High Court in the case Prakash Vs Phulavati of 2010. The Hon’ble Karnataka High Court had held that daughters would be entitled to equal share even if father had died prior to September 9, 2005, when litigations over partition were pending in courts. The text of the 2005 amendment, the apex court said, itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of the Hindu Succession (Amendment) Act, 2005.” “In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective,” the Hon’ble Supreme Court held. In the present amendment Act of 2005, the Hon’ble Apex court said, “There is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect.”“We are unable to find any reason to hold that birth of the daughter after the amendment was a necessary condition for its applicability. It was further held that ”All that is required is that daughter should be alive and her father should also be alive on the date of amendment,”

What is coparcenery property?

Coparcenary property means and includes: (1) ancestral property, (2) acquisitions made by the coparceners with the help of ancestral property, (3) joint acquisition of the coparceners even without such help provided there was no proof of intention on their part that the property should not be treated as joint family property, and (4) separate property of the coparceners thrown inot the common stock. [Amit Johri vs Deepak Johri & Ors. (2014), Ruling of Delhi High Court].

Coparcenary property. The expression ‘Coparcenary property’ includes property in which the deceased husband had an interest as a joint owner during his life time and, therefore, ancestral property. Coparcenary property means the property which consists of ancestral property, or of joint acquisitions, or of property thrown into the common stock and accretions to such property.” [Uday Narendra Shah vs Narendra Amritlal Shah, NOTICE OF MOTION (L) NO. 2347 OF 2013 IN SUIT (L) NO. 1069 OF 2013. Bombay High Court ruling].

Ownership of father and son in ancestral property:

The foundation of the doctrine of equal ownership of father and son in ancestral property is the well known text of Yagnavalkya. Book 2. 129, which says: “The ownership of father and son is co-equal in the acquisitions of the grandfather, whether land, corody or chattel.” [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243]

What is the right of a son in his father’s and grandfather’s estate ?

It is undoubtedly true that according to Mitakshara, the son has a right, by birth both in his father’s and grandfather’s estate but as has been jointed out before. a distinction is made in this respect by Maitakshara itself. In the ancestral or grand father’s property in the hands of the father, the son has equal rights with his father; while in the self-acquired property of the father, his rights are unequal by reason of the father having an independent power over or predominent interest in the same. It is obvious, however, that the son can assert this equal right with the father only when the grandfather’s property has devolved upon his father and has become ancestral property in his hands. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

When can the property of the grandfather normally vest in the father as ancestral property?
The property of the grandfather can normally vest in the father as ancestral property if and when the father inherits such property on the death of the grandfather or receives it by partition, made by the Grandfather himself during his lifetime. On both these occasions the grand father’s property comes to the father by virtue of the latter’s legal right as a son or descendant of the former and consequently it becomes ancestral property in his hands. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

Can father obtain grandfather’s property by way of gift?

But when the father obtains the grandfather’s property by way of gift, he receives it not because he is a son or has any legal right to such property but because his father chose to bestow a favour on him which he could have bestowed on any other person as well. The interest which he takes in such property must depend upon the will of the grantor. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].
When can a property be reckoned as ancestral property?
To find out whether a property is or is not ancestral in the hands of a particular person, not merely the relationship between the original and the present holder but the mode of transmission also must be looked to; and the property can ordinarily be reckoned as ancestral only if the present holder has got it by virtue of his being a son or descendant of the original owner. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

What can be exempted from partition of ancestral property?
Mitakshara refers to a text of Narada which says: “Excepting what is gained by valour, the wealth of a wife and what is acquired by science which are three sorts of property exempt from partition-, and any favour conferred by a father.” [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

What are the rights of posthumous sons and sons born after partition?
Chapter 1, section 4 of Mitakshara deals with effects not liable to partition and property “obtained through the father’s favour” finds a place in the list of things of which no partition can be directed. This is emphasised in section 6 of chapter I which discusses the rights of posthumous sons or sons born after partition. In placitum 13 ‘of the section it is stated that though a son born after partition takes the whole of his father’s and mother’s property, yet if the father and mother has affectionately bestowed some property upon a separated son that must remain with him. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

What is the right of Mitakshara father in making partition of property?
A Mitakshara father can make a partition of both the ancestral and self-acquired property in his hands any time he likes even without the concurrence of his sons-, but if he chooses to make a partition. he has got to make it in accordance with +the directions laid down in the law. Even the extent of inequality, which is permissible as between the eldest and the Younger sons, is indicated in the text(3). Nothing depends upon his own favour or discretion. When, however, he makes a gift which is only an act of bounty, he is unfetterd in the exercise of his discretion by any rule or dictate of law. It is in these gifts obtained through the favour of the father that Vijnaneswar, following the earlier sages, declares the exclusive right of the sons. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

What a ”self-acquisition” is?
The definition is based upon the text of Yagnavalkya that “whatever is acquired by the coparcener himself without detriment to the father’s estate as present from a friend or a gift at nuptials, does not appertain to the co-heirs.” [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

Does the property gifted by father to son become ancestral property?
A property gifted by a father to his son could not become ancestral property in the hands of the donee simply by reason of the fact that the donee got it from his father or ancestor. As the law is accepted and well settled that a Mitak- shara father has complete powers of disposition over his selfacquired property, it must follow as a necessary consequence that the father is quite competent to provide expressly, when he makes a gift, either that the donee would take it exclusively for himself or that the gift would be for the benefit of his branch of the family. If there are express provisions to that effect either in the deed of gift or a will, no difficulty is likely to arise and the interest which the son would take in such property would depend upon the terms of the grant. If, however, there are no clear words describing the kind of -interest which the donee is to take, the question would be one of construction and the court would have to collect the intention of the donor from the language of the document taken. [C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And another, 1953 AIR 495, 1954 SCR 243].

When son gets a share in father’s property?
In Commr. of Wealth Tax. Kanpur v. Chander Sen, (1986) 3 SCC 567: (AIR 1986 SC 1753), where one of us (Sabyasachi Mukharji, J.) observed that under the Hindu Law, the moment a son is born, he gets a share in father‟s property and becomes part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth. Normally therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his son and grandson and other members who form joint Hindu family with him. This Court observed that this position has been affected by Section 8 of the Hindu Succession Act, 1956 and, therefore, after the Act, when the son inherited the property in the situation contemplated by Section 8, he does not take it as a Karta of his own undivided family but takes it in his individual capacity.[Amit Johri vs Deepak Johri & Ors. (2014), Ruling of Delhi High Court].

Classify the property under Hindu Law.
It may be true that property under Hindu Law can be classified under two heads:- (i) coparcenary property; and (ii) separate property. Coparcenary property is again divisible into (i) ancestral property and (ii) joint family property which is not ancestral. This latter kind of property consists of property acquired with the aid of ancestral property and property acquired by the individual coparcener without such aid but treated by them as property of the whole family. [Amit Johri vs Deepak Johri & Ors. (2014), Ruling of Delhi High Court].

Short notes of Joint Property, Joint family property and joint ancestral family property.
It may also be true that the three notions: (i) joint property, (ii) joint family property, and (iii) joint ancestral family property are not the same. In all the three things there is no doubt a common subject, property, but this is qualified in three different ways. The joint property of the English law is property held by two or more person jointly, it characteristic is survivor-ship. Analogies drawn from it to joint family property are false or likely to be false for various reasons. The essential qualification of the second class mentioned above is not joints merely, but a good deal more. Two complete strangers may be joint tenants according to English law; but in no conceivable circumstances except by adoption could they constitute a joint Hindu family, or in that capacity, hold property. In the third case, property is qualified in a two-fold manner, that it must be a joint family property and it must also be ancestral. It is obvious that there must have been a nucleus of joint family property before an ancestral joint family property can come into existence, because the word ancestral connotes descent and hence pre- existence. But because it is true that there can be no joint ancestral family property without pre-existing nucleus of joint family property, it is not correct to say that these cannot be joint family property without a pre- existing nucleus, for, that would be identifying joint family property with ancestral joint family property. Where there is ancestral joint family property, every members of the family acquires in it a right by birth which cannot be defeated by individual alienation or disposition of any kind except under certain peculiar circumstances. This is equally true of joint family property. Where a sufficient nucleus in the possession of the members joint family has come to them from a paternal ancestor, the presumption is that the whole property is ancestral and any members alleging that it is not, will have to prove his self-acquisition. Where property is admitted or proved to have been joint family property, it is subject to exactly the same legal incidents as the ancestral joint family property, but differed radically in original and essential characteristics from the joint family is the tie of sapindaship without which it is impossible to have a joint Hindu family, which such a relationship is unnecessary in the case of a joint tenancy in English laws. [Amit Johri vs Deepak Johri & Ors. (2014), Ruling of Delhi High Court].

Write short notes on ‘Joint Hindu family’ and ”Hindu copercenary”.
In Mulla’s Hindu Law (17th Edn) Article 212(2), 213, it is stated :
“‘ 212. Joint Hindu family:– The joint and undivided family is the normal condition of Hindu society. An undivided Hindu family is ordinarily joint not only in estate but also in food and worship. The existence of joint estate is not an essential requisite to constitute a joint family and a family, which does not own any property, may nevertheless be joint. Where there is joint estates, and the members of the family become separate in estate, the family ceases to be joint. Mere severance in food and worship does not operate as a separation. Possession of joint family property is not a necessary requisite for the constitution of a joint Hindu family. Hindus get a joint family status by birth, and the joint family property is only an adjunct of the joint family.”

213. Hindu coparcenary :- A Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenary property. These are the sons, grandsons and great-grandsons of the holder of the joint property for the time being, in other words, the three generations next to the holder in unbroken male descent. See ‘ 217. The above propositions must be read in the light of what has been stated in the note at the top of this chapter. To understand the formation of a coparcenary, it is important to note the distinction between ancestral property and separate property. Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.[U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling.]

It has been so held by the Hon’ble Supreme Court in Bhagwan Dayal (since deceased) and thereafter his heirs and legal representatives Bansgopal Dubey & Anr. V. Mst. Reoti Devi (deceased) and after her death, Mst. Dayavati, her daughter [AIR 1962 SC 287] in the following terms :
“16. The general principle is that every Hindu family is presumed to be joint unless the contrary is proved; but this presumption can be rebutted by direct evidence or by course of conduct. It is also settled that there is no presumption that when one member separates from others that the latter remain united; whether the latter remain united or not must be decided on the facts of each case. To these it may be added that in the case of old transactions when no contemporaneous documents are maintained and when most of the active participants in the transactions have passed away, though the burden still remains on the person who asserts that there was a partition, it is permissible to fill up gaps more readily by reasonable inferences than in a case where the evidence is not obliterated by passage of time.” [See also Bhagwati Prasad v. Shri Chandramaul [(1966) 2 SCR 286].

Ancestral property and several joint owners.
The law in this behalf is clearly stated in Mayne’s Hindu Law and usage Twelth Edition at page 295 as follows:-
“Where ancestral property has been divided between several joint owners, there can be no doubt that if any of them have male issue living at the time of the partition, the share which falls to him will continue to be ancestral property in his hands, as regards his male issue, for their rights had already attached upon it, and the partition only cuts off the claims of the dividing members. The father and his male issue still remain joint. The same rule would apply even where the partition had been made before the birth of the male issue or before a son is adopted, for the share which is taken at a partition, by one of the coparceners is taken by him as representing his branch.” [K.Ramananda Mallaya vs K.Anasuya Bai, AS.No. 172 of 1995(C), Kerala High Court.].

Coparcenary property, joint family property and ancestral property:
Hindu coparcenary is a much narrower body than a joint family. The coparcenary includes only those persons who acquire by birth, an interest in the coparcenary property. They are the sons, grandsons and great grandsons of the holder of the joint property for the time being. A property inherited by a Hindu from his father, father’s father or father’s father’s father is ancestral property. [K.Ramananda Mallaya vs K.Anasuya Bai, AS.No. 172 of 1995(C), Kerala High Court.].

At the same time property inherited by him from other relations are his separate properties. The essential feature of the ancestral property is that, if the person inheriting the ancestral property has sons, grandsons or great grandsons, they become joint owner’s or coparcenars along with him. They are entitled to the said right due to their birth. If a son is born subsequently or a grandson or a great grandson is born thereafter, the said son, or grandson or great grandson also became entitled to an equal right by their birth and all of them constitute the coparcenary. Similarly if the father acquires his own property or inherits property from other source which are not ancestral properties, the other members of the coparcenary family cannot claim any right in that property. On his death the said property would devolve on his legal heirs. But it is not by survivorship but by succession. At the same time when the self acquired property of the father is devolved on his son or sons who are members of the coparcenary, it becomes the coparcenary property. In that event it could be claimed by his sons, son’s sons and great grandsons due to their birth. If that be so it cannot be claimed by the son who inherited it that he alone has right over the property or that is his separate property.
Prior to the coming into force of Hindu Succession Act, 1956, if A who had a son B inherited property from his father it became ancestral property in his hands and B became a coparcenar with his father. On the other hand if it was the separate property of A, he has absolute right over the property and it cannot be claimed by his son during his life time. But on his death his right passes on to the son, though not by survivorship but by succession. Thus even if A inherited the property from his brother and thereby it was his separate property where he had independent absolute right of disposal and the son did not acquire any right by birth, and on his death that property descends to a male issue, then it becomes ancestral property in the hands of the male issue who inherited it. Thus if A who owned separate or self acquired property died, on his death it passes on to the son B as his heir and if B had a son C, C has an interest in that property by reason of his birth and he becomes a coparcenar in respect of the said property with his father B. At the same time, if the father died after coming into force of Hindu Succession Act, 1956, then the inheritance of the property of the father could only be as provided under section 8 of the Hindu Succession Act, 1956. [K.Ramananda Mallaya vs K.Anasuya Bai, AS.No. 172 of 1995(C), Kerala High Court.].

—x—

Advertisements

114 Comments (+add yours?)

  1. Srinithya
    Jul 14, 2016 @ 12:49:03

    Dear Sir,
    Your website was very helpful. My mother has ancestral property. She has 5brothers and 4sisters (Including her). My grandfather died last year (2015). Till date, my grandfather & my uncles are the only people who signed the property and shared it among themselves. The daughters were never given a share nor signed the documents.
    Now, my uncles wants all the daughters incl. my mom to sign the release deed and take a settlement amount of Rs. 2Lakhs. My mother doesn’t have any knowledge of the remaining properties. Now my questions are
    1) Can we demand an equal share for daughter for the remaining property?
    2) If they deny the equal share, do we have rights to say “NO’ by not signing the documents?
    3) Since we don’t have knowledge of the property details, can we by anyhow give a petition in the registration office by saying my mother is also authentic share holder and the documents should not be processed without her signature?
    4) Just because my mother said “no” to sign without equal share, can the other sibling’s ignore my mother legally and sell the property?
    5) Now my uncles are threatening us and refusing to give any information regarding the property. They are putting us through an emotional turmoil by insulting my parents. Can we take any action against this?
    It would be a great help, if you could reply to these questions.
    Thanks in advance for your help.

    Reply

  2. Srinithya
    Jul 14, 2016 @ 12:56:22

    Dear Sir,
    Your website was very helpful. My mother has ancestral property. She has 5brothers and 4sisters (Including her). My grandfather died last year (2015). Till date, my grandfather & my uncles are the only people who signed the property and shared it among themselves. The daughters were never given a share nor signed the documents.
    Now, my uncles wants all the daughters incl. my mom to sign the release deed and take a settlement amount of Rs. 2Lakhs. My mother doesn’t have any knowledge of the remaining properties. Now my questions are
    1) Can we demand an equal share for daughter for the remaining property?
    2) If they deny the equal share, do we have rights to say “NO’ by not signing the documents?
    3) Since we don’t have knowledge of the property details, can we by anyhow give a petition in the registration office by saying my mother is also authentic share holder and the documents should not be processed without her signature?
    4) Just because my mother said “no” to sign without equal share, can the other sibling’s ignore my mother legally and sell the property?
    5) Now my uncles are threatening us and refusing to give any information regarding the property. They are putting us through an emotional turmoil by insulting my parents. Can we take any action against this?
    It would be a great help, if you could reply to these questions.
    Thanks in advance for your help.

    Reply

  3. Praveena gupta
    Jul 22, 2016 @ 07:07:53

    Dear sir my grand father have a property n my father gifted it his grand sons…..with out our knowledge.me n my family lives in this property last 20 years.now my nephews want to sell this property another person.now plz help me what can i do so that they cant sell this property and what are my rights in this property

    Reply

  4. bodla upendra
    Aug 03, 2016 @ 17:32:39

    sir, X is the absolute owner of the property,after his death the property given for development. y is one of the daughter having 3 children and after sometime. y was died. Here Late X family members want to distribute the development proceedings
    (cash) to the Late Y’s 3 children. Late X not yet made in any will. questions:
    1. what is the best method to draft of distribution of development proceeds
    2. whether cash received by 3 children of late Y as ancestral property proceeds
    3. whether is it covers Hindu succession laws.
    please in detail guide me to benefit the 3 children of late Y.

    Reply

  5. Chetan
    Sep 03, 2016 @ 19:07:31

    There was a property which was on the name of my great grand mother. After her death her 2 two sons divided the property through hon. High Court. Then my grandfather registered the will of that property in favour of his 1son out of 4son and 3 daughters. My question: my grandfather register will is valid or not? If not why so? If not then it means 1st my grandfather have no right to enjoy on her grandmother property. If law gives full right to enjoy on that property than registered will is valid. Hindu succession act contradict here on this point.

    Reply

  6. rakesh
    Sep 07, 2016 @ 09:27:40

    Sir,i have purchase a self acquired flat of rs.17.56 lakhs in my recourse but Rs.4 lkshs given by my father can it ancestral property.

    Reply

  7. santosh Chhetri
    Sep 08, 2016 @ 00:38:42

    we r two sons and two sisters. out of wich only one sister is unmarried. my father when he was 80 years may sister transfer his all movel & immovel property are transfer her name only convencing my father without our knowledge. after the his death she also transfer his moveable property without itemating us. pl.suggest we can claim our father property as per for equal distribution as per IPC or CrPC or any other Indian law.

    Reply

  8. vikash Kumar
    Sep 15, 2016 @ 16:28:48

    I am bachelor 25, living with my joint family in which my parents, and one eldest married brother(a wife,2 sons and one daughter) and 2 elders married sisters are.
    My father (age 65) is the only heir of my grandfather property (one house and lands) and my father sold some part of this lands and acquired some other land.
    At this time my father’s properties ( one house other than my grandfather’s house and lands other than my grandfather’s land) are. But all immovable properties are in the name of my father.
    My mother also has some land in the name of her that is got from her mother’s heir.
    My questions are
    1) my father’s /grandfather’s properties ancestral?
    2) my married sisters the heirs to take equal share as me and my brother have in my father’s and my mother’s properties.
    3) my father’s owned properties whether acquired or transferred by my grandfather, the sole and independent owner to take decision as he please.

    Please provide very relevant laws and details about the distribution of that properties whether it is of my father’s and my mother’s properties or transferred through by my grandfather to my father.
    Thanking you sir

    Reply

  9. krishna kumar
    Sep 15, 2016 @ 16:29:17

    I am bachelor 25, living with my joint family in which my parents, and one eldest married brother(a wife,2 sons and one daughter) and 2 elders married sisters are.
    My father (age 65) is the only heir of my grandfather property (one house and lands) and my father sold some part of this lands and acquired some other land.
    At this time my father’s properties ( one house other than my grandfather’s house and lands other than my grandfather’s land) are. But all immovable properties are in the name of my father.
    My mother also has some land in the name of her that is got from her mother’s heir.
    My questions are
    1) my father’s /grandfather’s properties ancestral?
    2) my married sisters the heirs to take equal share as me and my brother have in my father’s and my mother’s properties.
    3) my father’s owned properties whether acquired or transferred by my grandfather, the sole and independent owner to take decision as he please.

    Please provide very relevant laws and details about the distribution of that properties whether it is of my father’s and my mother’s properties or transferred through by my grandfather to my father.
    Thanking you sir

    Reply

  10. seema
    Oct 18, 2016 @ 05:54:01

    Sir,

    Iam hindu married woman having a girl baby aged 3year.My husband always quaralling with me for selling his own propert (gifed by his relative). presently we are in a rented house & he is working in a pvt office. I am working in government organisation. we have no any other house or any property other than his. Pls help me legaly can raise any objection against his selling of this property. sir pls advise me

    Reply

    • vishaish
      Jul 27, 2017 @ 12:40:03

      No it is his separate property… He has the absolute power to dispose of the property… But yes there is right of maintenance available to you

      Reply

  11. ravi kiran
    Oct 19, 2016 @ 13:58:52

    for example
    sir if one person self owned land was sold to another person without knowing to his wife and children then purchased person claiming that land was sold by your husband then what to do

    Reply

  12. vijay laxmi Panol
    Oct 25, 2016 @ 09:06:39

    My husband is the only person who earn in his family from last 10 years where his younger brother and sister was studying. My husband had purchased a property in the name of my mother in law/ for his mom. But now his younger brother and sister are adults and able to earn. The property purchased by my husband for his mother is still equal proportion to all siblings or my husband has whole right on that property?

    Reply

    • vishaish
      Jul 27, 2017 @ 12:45:52

      Well BOP is on to you … If you will be able to prove that it was purchased by your husband by his own income then it is his seprate property as the mother is only an ostensible owner..

      Reply

  13. Dr. p. narahari Sastry
    Nov 05, 2016 @ 13:46:17

    My Grand father built a house in 1945 at Anantapur, Andhra Pradesh.. The house is in his name He had 3 sons. This property is not divided till date. For these 3 brothers there are 6 male and 5 female children.
    1. My question is do the female grand children have right over the property ?
    2. How much percentage of rights does my father and his 2 brothers have on this house.?
    3 If any one of the grandchildren opposes the division of property, can the registration of the house be done ?

    Reply

  14. sudhindra kulkarni
    Nov 06, 2016 @ 08:01:56

    Dear sir,
    My father and have 2 elder brother,no sisters.elder karta made partition deed,when joint hindu family. karta saying in “deed” i sold my land for my personnel problem.black soil land each person 16acre-13 gunta.red soil land each person 7 acre,and karta wfe name 7.23 acre( first sold land when joint family then next year made this partition deed ). in that deed there is no karta wife and daughter consent,and no other family consent.only one witness is there. other empty place and constructed measurement wrong in partition deed and panchayat village govt records.that stamp is two paper each two rupee and “UN REGISTERED PARTITION DEED” Saying that family administrative letter in bracket partition letter.
    sir,please help in this deed will court consider? daughter saying that whatever financial problem when joint family everyone responsible.before sold land then next year karta made partition deed.
    sir in partion deed some measurment mistake,only one witness,no mother consent,no daughter consent when she major. karta daughter entered in court.need suggestion.

    Reply

  15. nandita bora gogoi
    Nov 07, 2016 @ 16:02:57

    What if my fathers ancestral property is not partitioned.There is a joint patta between 7 brothers among which my father is one of them.I am a married daughter 2002,my father died in 2007.The legal heirs are my brother,step mother and myself against my fathers share.Will the partition will based on ‘as is where is’,among my fathers share and his brothers and their legal heirs.

    Reply

    • vishaish
      Jul 27, 2017 @ 12:37:10

      Well if the property​is situated in Assam then mitakshara law doesn’t apply on you… It will be distributed as per dhyabhaga school

      Reply

  16. khush
    Nov 21, 2016 @ 14:23:38

    property inherited by will to son by father is self acquired prop of son case law on this point

    Reply

  17. Yogesh Patel
    Nov 22, 2016 @ 13:26:30

    Sir, We are Hindu family.
    My grandfather had three son’s (A), (B) & (C). Grandfather purchased a land in the name of one of his son (A). Thereafter a 3 story bunglow was constructed on it. All the three floors were tenanted to other son’s i.e (B) & (C). The son (A) admits that the the plot was purchased & bunglow was constructed from family funds & that the property is a family property. The same is in writing with us. Can the other two son’s B & C who are tenants of the said property claim ownership rights of 1/3rd share each, on the said property. Because (A) is now trying to evict us from the property alleging that we have made illegal alteration & as per tenant we have no rights for any alteration in the bunglow. Can we stake claim as per the above situation. Sir Please Please reply

    Reply

  18. J KISHORE
    Nov 25, 2016 @ 10:40:20

    RESPECTED SIR THANK YOU VERY MUCH FOR THE VALUABLE INFORMATION PROVIDED BY YOU

    Reply

  19. J KISHORE
    Nov 25, 2016 @ 10:42:24

    SIR I WANT TO KNOW THAT ANY LATEST JUDGEMENT ON SHARE OR RIGHTS OF DAUGHTER ON ANCESTRAL PROPERTY OR FATHER IF YES PLEASE LET ME KNOW THE JUDGEMENT NO AND DATE

    Reply

  20. Trackback: Practical Questions on ANCESTRAL PROPERTY – Judges' Lounge
  21. Kishore Makhija
    Jan 21, 2017 @ 10:26:28

    Dear Sir,

    I need an one suggestion in property matter, my grandfather after partition came to india and live with this uncle as his father died der only. Uncle filed partition property claim to indian governement , as my grandfather was minor . All the land got alloted in the name of his uncle. Can my grandfather claim share in that property. Allotted propery is still with the government.

    Reply

  22. D . S. Dar.
    Jan 23, 2017 @ 14:59:50

    Sir, I have inherited a residential property from my father after his death. He had made a Will in which I being the eldest son was made the executor of the will. My younger brother is coparcener. We both brothers lived in this property with our families ( married) along with our widowed father as joint family. After my father’s death my brother with his family started living seperately in the same house separate portion. Subsequently we modified the house and now have three separate independent portions. I with my unmarried younger son and my wife stay in one portion, my elder married son with his wife and son stay in the second portion. My younger brother, ( copersoner) with his wife and unmarried only son in the third portion. In total, me, my two sons & a grandson and my brother & his only son are the copersones. My question is :
    1) do I ad my brother have to write a will to authorise our sons (2+1) to continue staying in their respective portions as they are staying now?
    2) can my brother claim half of the ancestral inherrited property ?
    Kindly oblige me with your expert advice

    Reply

  23. K L GROVER
    Jan 30, 2017 @ 11:19:57

    sir my mother bought a house for Rs.1.50 lakh in 1999 in Delhi. She expired in 2015. My father had also expired in 2007. The relinquishment deed was signed in my favour, without consideration, by other legal heirs. Now I want to sell this home for approx. Rs.20 lakh. Please tell me the tax liability/implication for the same. Thanks.

    Reply

  24. Mohan Sudhakar Mohod
    Feb 22, 2017 @ 09:09:36

    Sir, Ancestral property was partitioned in the year 1997 by father amongst 6 sons. Later on father executed a Will Deed and thereby allot the already partitioned property to 4 sons only and other two are ousted. What is the remedy open for two sons who have been ousted by father by executing Will Deed.

    Reply

  25. Sanjay Makkar
    Feb 25, 2017 @ 11:23:04

    My father & mother inherited a property jointly through registered will from my grandmother , which was her self acquired property. Both my Father & mother passed away & through registered will of both the property got mutated in my favour (son) in December 2015. That too after she lost the case of will challenge in the court of SDM & also appeal in the court of ADC.
    My only younger brother passed away without without any child in 2011. Now my brothers widowed wife is filing litigation claiming her share in the property

    Reply

  26. SANJAY KUMAR SINHA
    Feb 25, 2017 @ 13:19:07

    Sir,
    My father is alive. I am the only son of my father. But my father has five daughters also. One of his daughters demanded her share from my father recently. Can she claim her share in my fathers’s lifetime. Kindly guide me on both counts of Ancestral as well as Self-Acquired Property.

    SANJAY

    Reply

  27. Dr. JEET RAJ BAZALA
    Mar 05, 2017 @ 04:23:30

    A daughter can be a shareholder of the ancestral property of her father’s father’s (grandfather) if her father and grand father both have been died at the time of partition.

    Reply

  28. Dr. JEET RAJ BAZALA
    Mar 05, 2017 @ 04:25:00

    Reply

  29. Nithin Kumar
    Mar 07, 2017 @ 06:42:24

    I am Nithin from Bangalore.

    My Grandmother is a hier of her father’s property in Bangalore. Her father had two daughters(one is my grandmother). Her father died intestate. Few months back my grandmother also died due to illness. Now what will be the consequences under the law.

    Reply

  30. Caroline Sinha
    Mar 07, 2017 @ 14:42:15

    Sir,i seriously need to know somethimg.My entire family expired.I am holdi.g death certificates of most of them.They expirex issueless and I now become 2nd class heir automatically.But the problem here lies that I cannot find the documents.Plus I was not here.My relatives died interstate.And now I can see that they have been taken over illegaly..Now my advocate has told me I have to take possession.As bcecause of no funds im unable to get a succession certificate.Peeviously,i had sold off my share of the earlier property,for which I am holding the letters of administration for the earlier property.Plus after my fathers sister expired,i went to a place called simultala and signed the last sale deed.That paper tooo I have.Can these papers help me?Plus my grandfather was holdoing a gun and pistol and the Govt of Indiadeclared me owne..zYour advice would be highly appreciated.Thank you

    Reply

  31. nirmal
    Mar 14, 2017 @ 14:04:32

    Dear Sir,
    I am 4 brothers, my father died. But my 2 brothers are refusing to distribute the property (Agricultural Land+Mango Garden). As I am not living in my home town, I want the distribution as early as possible, but they are refusing. What should I do?

    Reply

  32. nirmal kumar
    Mar 14, 2017 @ 14:19:52

    I am 4 brothers, my father died. But my 2 brothers are refusing to distribute the property (Agricultural Land+Mango Garden). As I am not living in my home town, I want the distribution as early as possible, but they are refusing. What should I do?

    Reply

  33. mahesh chekkilla
    Mar 20, 2017 @ 16:27:49

    Very useful information, which helps a lot to me to defend a partition suit. Thanking you very much.

    Reply

  34. Jyoti pandey
    Mar 22, 2017 @ 09:17:12

    Sir I want to know that in partision on ancestral proprperty is it mandatory to divide personal property of each son which he has acquired on his own earnings not ancestral one. Please ans my QN with section n case law reference if any

    Reply

    • Selvaperumal advocate
      Mar 29, 2017 @ 12:26:14

      To divide or partition the personal property(Self acquired property), the person who earn that property by his self income, need not get permission from any one for partition or gift or settlement. He can settle the same to any one as he wishes and the legal heirs of such person cannot claim right in his self acquired property. The Partition on the ancestral property is not mandatory but it can be partition by the father at his own in accordance with the law.

      Reply

  35. Sharvil M
    Mar 31, 2017 @ 16:17:05

    Is their is any right for an adopted child on the property of the biological parents or the assets of an inheritence?

    Reply

  36. Manoj M
    Apr 10, 2017 @ 18:54:48

    Hi Sir, My Grand Mother passed away in 1970. She had 2 sons. They also passed away. None of them try to share the land for their sons. Because of that we got some problems. Now our papers all are correct and we are ready to share. But one problem is one of my brother is not willing to register our property. Because he has some ego problems with my younger brother. While sharing equally the back side of the plot needs a road. I’m okay to give him (younger brother) 5 ft road but the other brother is not willing to share the 10 ft road. (He’s telling he never give a way to the younger brother to go to his plot and he’s telling we won’t let us to register the land.). Is there is any quick solution for this ? If we go for court it will take too much time. Is there any option to register without him ? We give him the equal share but he’s not willing. But we want to register it because of some marriage needs. Please give me a possible solution and the rules.
    Thank you

    Reply

  37. ashok sinha
    Apr 15, 2017 @ 13:03:11

    Dear sir, my father has four brothers. When my father asked for his share of property but his brothers are refusing to share the property. What should be my action. Pls guide me.

    Reply

  38. anuroop
    Apr 16, 2017 @ 18:06:06

    Sir my father has 3 acres land and my grandfather’s land has 12 acres land to my father we are 3 son’s and 2 daughters now there’s a serious clash between us and we have divide the property as per present law rules among 3 son’s iam the( 1) elder next to me brother was mentally disorder and he escaped from our house and we searched he was not seen this incident was happen before 8 years ago now at 2years ago my mother also died so now we means 2sons and 2 daughters want to divide ur property as per present supreme rule how many amounts of property we each can get now Sir and my father died at the date: 17-8-2004. And my mother died at 4- 10- 2015. And our father Land was in joint registration and other12 acre Land was on my mother registration .

    Reply

  39. Chandrashekar
    Apr 24, 2017 @ 18:20:22

    Dear Sir, I am chandrashekar, actually we have got an ancestors property, my grandfather’s 1st wife’s daughter who has got married before 1957. Whether she had a right on ancestors property? 2nd wife’s children are three. So how it will get divided. What is the possibility of overcoming from 1st wife’s daughter. If we are not ready to give share to her.

    Reply

  40. ms patil
    Apr 26, 2017 @ 11:12:32

    My question is my father has taken house in city in 1966 divided in 1984 to my mother and brother now father is Allive and mother died in 2008 without any will the property. Can be asked by my sister’s or father can do to any one or he can sell for living

    Reply

  41. Deepti
    May 18, 2017 @ 12:57:41

    My great grandfather divided his property among 5 heirs including my father. Now my father wants to sell it out. 4 heirs agree but 1 doesn’t.How can we resolve the issue? Please guide

    Reply

  42. Terissa Saju
    May 24, 2017 @ 12:34:59

    A Christian female dies intestate leaving two properties behind, in that case how does transfer of shares happen.

    Reply

  43. pavankumar@gmail.com
    Jun 13, 2017 @ 14:39:00

    My grand father took a lone in the bank by keeping the land papers 11 years back and he also died long back and loan increased we couldnt able to pay it are there any laws based on it please give me a nswer if there r any laws plzzzzz zzz

    Reply

  44. Ravi kant
    Jun 23, 2017 @ 03:17:16

    Sir my father has donated a part of an ancestral agricultural to a temple which is not registered as trust or society . It legally correct.

    Reply

    • U.V.Srirama chandra sekhara rao
      Jul 09, 2017 @ 03:54:44

      sir, I had some ancienter property. some powerful persons try to encroach that property. I filed suit in pdm court.Hon”ble court gave injunction order to me. But other party did not file any evidence. Instead of filed evidence they submitted counter for advocate commission for measurement . Hon”ble court also give order to commission. we can filed all evidence to court. Is it correct? How to cease orders.

      Reply

  45. Dinesh kumar singh
    Jul 01, 2017 @ 12:10:26

    My uncle became saint according to Hinduism,and after that he sold his property to other person,my uncle has no offspring and his wife has already died. Can he sell the ancestoral land?

    Reply

  46. Dinesh kumar singh
    Jul 02, 2017 @ 04:51:28

    Sir,my Uncle became saint according to Hinduism and he has no offspring and his wife has already died,can he sold his ancestor’s land to other while his elder brother is alive ?

    Reply

  47. Bhagat Singh
    Jul 03, 2017 @ 13:18:00

    Sir my grand father had four sons and two daughters. My grand mother expired at the time birth of my youngest uncle. My grand father expired in 1961. My father Ram Singh was eldest and married, expired on 03.04.1994. My second uncle Rawat was unmarried and expired in June 1971. My fathers younger sister Reshma expired leaving behind three daughters before 1965. My third uncle Hemraj was unmarried missed all of a sudden on 24.5.1993 and my father’s younger sister Bhulan died on 27.12.2009. My youngest uncle Ran Singh is married separated from other joint family during Feb 1971 and living in separate house. He tried to made mutation of estate of missing Hemraj in his name in Feb 1996 which was cancelled in June 1996 I lodged a rapat regarding missing of my uncle in June 1999. After death of my fathers’ sister Bhulan on 27.12.2009, Ran Singh approached to Tehsildar for mutation Hemraj’s estate in his name which entered but cancelled in 2012. In between He (Ran Singh) filed a civil suit, stating that he is only heir as all his brothers had already expired and had no sisters. One witness namely Suresh S/O Sher Singh of my village given witness, but there is no such named person in our village. Another witness was also with ill health and had already expired. We came to know about the incident during Aug 2013 and chellanged the decree. On granting stay by the Hon’bl;e Judge on 26.9.2013, Ran singh succeeded in mutation in his name accepted on 27.9.2013. We also chellanged that mutation. Hemraj was living with us as joint family and we are cultivating his estate. Ran Singh again filed a suit for permanent injunctkion on first week of Feb 2015 which was dismissed on 23.2.2015. He again filed another similar suit in April 2015 which he withdrawn on 18.8.2016. He again filed similar suit on 21.8.2016.
    Thus let me know what rule say being with false facts and false witness decree is to be cancelled or not and whether we are entitled for the share or not.

    Reply

  48. Sharad kumar
    Jul 05, 2017 @ 08:37:07

    My grandfather distibuted h.u.f property between him and his two sons.after distributing the same he became partner in the youger sons business and start living in his younger son s house.he mortgage one of his property mortgage to bank against cashcredit loan of business.after expiring of grandfather his younger son contined that cashcredit as the propertior of the firm.morgtgage property was in the custody of younger son. Can my grandfather s elder son can claim on that property. Please e.mail me the answer.

    Reply

  49. Piyush Kumar
    Jul 18, 2017 @ 05:19:51

    From where find about the citation where sale deed between parents and one of the siblings under Portuguese goan law is validated.

    Reply

  50. ajit rathod
    Jul 24, 2017 @ 11:58:45

    Sir my grandfather died on 3 March 2005, and he has 5 daughter and 1 son,,, sir I want to know how partion will take place

    Reply

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Hours & Info

1-202-555-1212
Lunch: 11am - 2pm
Dinner: M-Th 5pm - 11pm, Fri-Sat:5pm - 1am
%d bloggers like this: