Property - ancestral property- undivided
5 months ago
My father expired but in his name all ancestral property he had and our family is undivided but my father's brother is divided and now he is asking property from his undivided brothers where the property is later purchased does he have the right
A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided/partitioned or sold off. Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. and unless the legal heirs become owners of their share in the said ancestral property, they cannot sell or alienate their share to others. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. An undivided/unpartitioned ancestral property and even in the absence of any registered family settlement agreement makes the matter more complicated and unviable. So, there is no other way left to resolve the dispute without litigation before the Civil Court. having jurisdiction over the property. Anyone or all coparceners jointly can file the civil suit claiming their individual share in the property to resolve the neverending dispute. Where the property is purchased later by your father from his own resources it is considered as a Self-Acquired property and your father's brother has no right to claim a share in the said property. Reach out to an Advocate for further guidance and steps.
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided/partitioned or sold off. Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. and unless the legal heirs become owners of their share in the said ancestral property, they cannot sell or alienate their share to others. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. An undivided/unpartitioned ancestral property and even in the absence of any registered family settlement agreement makes the matter more complicated and unviable. So, there is no other way left to resolve the dispute without litigation before the Civil Court. having jurisdiction over the property. Anyone or all coparceners jointly can file the civil suit claiming their individual share in the property to resolve the neverending dispute. Where the property is purchased later by your father from his own resources it is considered as a Self-Acquired property and your father's brother has no right to claim a share in the said property. Reach out to an Advocate for further guidance and steps.
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A.Dear client,
If the property in question was purchased by your father, and the registered deed is in your father’s name then only his direct legal heirs i.e. his wife, sons and daughters have equal right over the property.
No one else including your father’s brother can claim any right over the property.
But if the property in question is an ancestral property which means it was your grandfather’s then your uncle can claim his right unless there is a will made by your grandfather to your father only.
If the property in question was purchased by your father, and the registered deed is in your father’s name then only his direct legal heirs i.e. his wife, sons and daughters have equal right over the property.
No one else including your father’s brother can claim any right over the property.
But if the property in question is an ancestral property which means it was your grandfather’s then your uncle can claim his right unless there is a will made by your grandfather to your father only.
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A.Dear Client,
If your family is Hindu, the Hindu Succession Act governs the distribution of property. An undivided Hindu family typically holds property jointly. In such a case, all members have a share in the property. If your father's brother was a part of the undivided family before partition, he may have a claim to a share in the ancestral property. If your father's brother was part of the undivided family at the time of the purchase of the property, then he may have a right to a share of it. However, if he was not part of the undivided family at the time of the purchase, then he may not have a right to a share of it.
If your family is Hindu, the Hindu Succession Act governs the distribution of property. An undivided Hindu family typically holds property jointly. In such a case, all members have a share in the property. If your father's brother was a part of the undivided family before partition, he may have a claim to a share in the ancestral property. If your father's brother was part of the undivided family at the time of the purchase of the property, then he may have a right to a share of it. However, if he was not part of the undivided family at the time of the purchase, then he may not have a right to a share of it.
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