Ancestral property
4 years ago
We have a property which has been transferred to our parents by their parents...we are two brothers and one of the elder brother is not taking any of the family responsibility after marriage since 15 years..he's is staying with his family n kids alone...we have no contact with him.but now he is demanding his share in the property which my father don't want to give him...so what step should be taken so that he doesn't get any share or money from that property.
Shreyash Mohta
Responded 4 years ago
A.Sir,
Technically both of you being the sons have equal rights in such Ancestral property regardless of the fact who stays where and who looks after the same. It is a statutory right which cannot be disallowed.
However, If by any means you can do the following:
1. Change Ancestral Property to Self Acquired
There is no lawful provision wherein an ancestral property can be passed off as self acquired property. There is always a record of all the properties in the revenue office therefore in light of that record it would be next to impossible to pass off ancestral property as self acquired.
However, the ancestral property can be alienated/sold only on the grounds of " Legal necessity " this term has not been defined anywhere. However, it is known to include situations like
1. Marriage of daughter 2. Repaying a debt 3. Or any other legal necessity.
2. Transfer such property in your name, as a result of which your brother might file a partition suit and usually such property disputes take a lot of time to get settled. Not to forget that such partition suit will also cost your brother a huge amount of money and expenses for such litigation.
Thanks
Technically both of you being the sons have equal rights in such Ancestral property regardless of the fact who stays where and who looks after the same. It is a statutory right which cannot be disallowed.
However, If by any means you can do the following:
1. Change Ancestral Property to Self Acquired
There is no lawful provision wherein an ancestral property can be passed off as self acquired property. There is always a record of all the properties in the revenue office therefore in light of that record it would be next to impossible to pass off ancestral property as self acquired.
However, the ancestral property can be alienated/sold only on the grounds of " Legal necessity " this term has not been defined anywhere. However, it is known to include situations like
1. Marriage of daughter 2. Repaying a debt 3. Or any other legal necessity.
2. Transfer such property in your name, as a result of which your brother might file a partition suit and usually such property disputes take a lot of time to get settled. Not to forget that such partition suit will also cost your brother a huge amount of money and expenses for such litigation.
Thanks
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A.Dear Sir,
Try to get transfer the property in your favour excluding the other brother who is not with you and let him go to Court by filing partition suit and it will take years together to resolve the issue.
Thanks.
Try to get transfer the property in your favour excluding the other brother who is not with you and let him go to Court by filing partition suit and it will take years together to resolve the issue.
Thanks.
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Mrs sana Jain
Replied 4 years ago
Can we sell the property
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