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How to save my property and he can get 1/3 share?
16-Jul-2023 (In Property Law)
My Maternal Grandfather have some property on his name and some at his father's name. He have 2 daughters, 1 daughter died in 2012. After that her husband and his son sold out 66 dismil by giving threatening to my maternal Grandfather, this property was at name of my maternal Grandfather. After that they tried to sell more property but Grandfather refused to do this. Then they handover us Grandfather and grandmother to take care. They told us they have no relationship anymore with us. We knew they have some plan to take more property. So After that my grandfather did Daan Patra to my mother, in this deed Grandfather given 105 dismil including 64 dismil property was at his father's name. And He sold 102 dismil to me, in this sale deed property belongs to my maternal Grandfather's father name. Grandfather have 41 dismil remain in his share.Now son of warts (my mother's sister's son) Claiming 1/3 share in 102 dismil and 105 dismil..What legal recourse do I have?
Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
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Adv. Siddhant Sharma
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How property is divided in family?
Partition Deeds or Family Settlements can be used to partition the property in mutual agreement. The Partition Deed is used to divide the property among the co-owners. This deed will divide the property in such a way that each co-owner has a title to his part.
How can I claim my share in property?
Speak to an attorney about claiming a share of your fathers estate. You can, if necessary, file a partition lawsuit to get his share of the property. Answering your question: As a legal inheritor, you are entitled to claim the property of your father. In your case, however, youve stated in writing that this is not what you want. 05-Jan-2022
Can parents give property to one child?
Answering your question, (can a dad give his property to a son) A father can gift ancestral property to a son. Gifting ancestral property is done by executing a gift deed, which transfers the property ownership from the father to his son.
Can married daughter claim father's property?
In India, as we have discussed, daughters now have the same claim on the fathers property that sons do. The same applies to daughters who are married.
In this case, the father, who is ranked first, will be entitled to 100% of his property. If he dies, the property will be cumulatively passed to the next category. The grand children, the brother and sister. All three will share the property in an equal manner, i.e. 1/3 each.
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Adv. Chikirsha Mohanty
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