Claim of Legal heir in case of undivided ancestral property

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 or sold off. Since the property inherited by your 1st uncle including you all is explained as ancestral property, he or his wife himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving other legal heirs/coparceners of his/her legitimate right to said ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property'. It 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 their share in such property. In the given scenario, you need to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court seeking cancellation of the deed of transfer vide which 1st uncle's wife has transferred her share to her sister's daughter under Section 31 of the Specific Relief Act read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Being a coparcener and legal heir of the said undivided ancestral property, you alone or along with other legal heirs can file a civil suit for partition before the competent civil court to obtain your share in the property.

Dear Client,
If your first uncle who died had no children at all and the wife has parted with her share to her sister’s daughter the correctness of this action legislation depends on section 6 of the Hindu Succession Act, 1956. As your uncle’s wife was a legal heir she could transfer her share; however this share could be challenged by all the legal heirs which included seven brothers and sister inherited from your grandfather’s second marriage. This transfer should be in writing through a proper deed and preferably with the consent of all the legal heirs with a view to have no future complications. The conditions of such transfer could be problematic if there was no such consent in place. It is always suggested to involve a property lawyer so that the property transfer is lawful and any conflicts between the heirs can also be handled properly.
Hope this advice solves your problem.