Character of property and its disposition
11 months ago
My grandfather owned a coparcenary property which he inherited from his father might be in the year 1952. he distributed this inherited coparcenary property among his 3 sons(my father and my 2 uncles) in his life time vide a family settelment in the year 1982 and he died in 1983.what will be the character of so received property by my father in his hands with regards to his children will it be treated a coparcenary property or ancestral property or a self acquired property for his children. Can my father dispose this property through a will or gift to anyone without consent from his children or he can dispose only his part share in such property not whole property. Please clarify.
(Moradabad, Uttar Pradesh)
Vidhikarya
The character of the property received by your father through the family settlement in 1982 would be that of self-acquired property. Upon distribution, the shares received by each son become their self-acquired properties. Your father has independent control over his share and can dispose of it through a will or gift without requiring consent from his children. However, if your father wishes to deal with the property initially received from the family settlement as a whole, consent from all the legal heirs may be necessary, unless there are specific terms or conditions in the family settlement deed addressing this aspect. It's advisable to consult with a legal expert to ensure a clear understanding based on the specific details of the family settlement and relevant legal provisions.
Thankyou
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 or sold off. The property of the grandmother in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The property inherited by your Grandfather is classified as ancestral property and he himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving a legal heir/coparcener of his legitimate right to said ancestral property. In the given situation, to obtain your share in the said property, you being a legal heir/coparcener have to file a partition suit before a Civil Court praying for an order of partition of the said ancestral property. Reach out to an Advocate for guidance and steps.
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