Can I claim a share in ancestral property on behalf of my brother

519 votes

Did the property inherited by your father was intestate or succeeded through a testimonial document.If it's a intestate succession and no will was executed and it's not a HUF then you can seek title/partition and possession of your share.

Advocate Nishant Solanki LawRato

596 votes

Preliminary opinion: In your case firstly you need to make a petirion in court for being the guardian of minor till he is 18 years and after that you might go for partition in court.

For details need:
1. Details and ownership of properties.
2. When did grandfather passed away, were you both born til then?
3. Personal details of father and reason of living separately.

Advocate Ramaditya Tiwari LawRato

947 votes

You surely can. The law on Hindu inheritance is very clear. Any property that your father inherits from father, grandfather or great grandfather is something that you can lay claim on during their lifetime. This is not a problem at all.

Advocate Raghav Awasthi LawRato

517 votes

Yes you can do so in ancestral property but not in self aquired property of father .however you can claim in your father properties if fund for purchase of the same was used by sale or income of grandfather properties.

Advocate S P Srivastava LawRato

940 votes

Ancestral property is not the same as an HUF. Only the latter is "claimable" by co-parceners during the lifetime of the father / Karta. Merely because property was inherited by your father does not make it an HUF property. By virtue of the Hindu Succession Act, 1955, the concept of "Ancestral Property" has become irrelevant. What needs to be seen is whether the property would qualify as an HUF property. For this, detailed facts of the matter would be required to be seen, and documents examined.

Advocate Samar Singh Kachwaha LawRato