How to determine rights on ancestral property

709 votes

It depends upon that what were the ingredients contained in the notary documents and if the 2nd docutent which has beeen executed by ur grand mother is whether registered through court....then there is no legal value of previous document.contact me if u want to get more query

Advocate Sunil Bakshi LawRato

618 votes

Hello sir
Please make facts clear about your problem. Please mention what sort of document was made by grand mother any will or gift deed and whether the elder son and daughter have registered property on their favour or not after the death of grandmother

Advocate Mohit Gupta LawRato

658 votes

Ancestral property is a property that has been inherited upto 4 generations of male lineage. By birth itself a right to share in the property occurs under this kind of property. Any property that has been inherited from mother, grandmother, uncle or brother is not considered as ancestral property. C. Krishna Prasad vs C. I. T. Bangalore on (12 November, 1974) it was held that a coparcener obtains a share on partition of ancestral property will be considered as ancestral property as regard his male issue.

Partition brings the joint status to an end and joint family ceases to be joint anymore. Mitakshara School explains that “partition is an adjustment of diverse rights regarding the whole by distributing them of the aggregate”. When the shares of each coparceners are given the partition is said to have had effect. Supreme Court in Sarin v. Ajit Kumar (1 March, 1965) held that when each coparcener gets a title to the said property partition takes place. But there are certain properties that cannot be divisible which are by nature not capable of division like dress, vehicle, ornaments, cooked food, female slaves, property used for pious purpose.

By way of partition you can divide the property. Partition can be made by mere declaration to separate, Partition by Notice, Partition by Will, Conversion to Another Faith, marriage under Special Marriage Act 1954, Partition by Agreement, Partition by Arbitration, Partition by Father, and Partition by Suits. Girjanandini v. Brijendra (11 August, 1966) it was held by Supreme Court that partition can ordinarily take effect by instituting a suit. These 9 modes of partition are not exhaustive and there can be other circumstances as well that can be admissible for partition.

When a division takes between brothers after partition they will take equal shares in the joint family property. If there are 5 brothers then each one will take 1/5th share in the property. Coparcener’s interest devolves by survivorship under Mitakshara School. When partition is between father and sons each son will take a share equal to share of his father. Under Hindu law every coparcener has a right to partition and entitled to a share on partition. The shares will be divided accordingly:
Son: 5/8th share of the total property but as he died, his share will be divided equally among his legal heirs (If he died after December 20, 2004) \, otherwise the said share will be inherited by his son.
Daughter: 1/8th share of the total property
Son’s Son: 6/8th share of the total property.
Son’s Daughter: (If son S died after December, 20, 2004) 6/8th share of total property.
Daughter: 1/8th share
Daughter’s son: 1/8th share of the total property.

Advocate Siddhant Sharma LawRato