quesDivision of Ancestral property.

Our ancestral property in Mumbai suburbs consists of 6 flats in a building. We are 4 brothers and 1 sister in our family. Bro. no.1 is a Jesuit priest. Can he be entitled to a share of the property and its rental income? Bro. no.4 is a Canadian Citizen - can he file a suit against bro. no. 2 and bro. no.3 for partition of the property? There is rental income from 2 leased flats in the building. This is shared ad hoc by sis. + bro. 2. and bro.3. for the past 7 years. Bro. 4. ( Canadian) is in financial need to money. He has filed a suit for partition thru sister & bro. 1. Please Advice.

  • ans1) Although religious priests by their how of  poverty give up all worldly wealth, in the eye of the law they do not lose their legal right in the ancestral property. Therefore the answer to your first query is in the affirmative.

    2) The stake in the property of the Canadian brother will stand. The right to property is by birth and foreign citizenship fire not disentitle him. Do is the case with the brother who is a Jesuit priest.

     

  • ansHello,
    1) Although religious priests by their how of poverty give up all worldly wealth, in the eye of the law they do not lose their legal right in the ancestral property. Therefore the answer to your first query is in the affirmative.

    2) The stake in the property of the Canadian brother will stand. The right to property is by birth and foreign citizenship fire not disentitle him. Do is the case with the brother who is aJesuit priest.

    Advocate S J Mathew

      Thane, Mumbai

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