Son's right on ancestral property owned by living father
01-Nov-2023 (In Property Law)
My father and my uncle jointly owns a land in West Bengal which was registered in their name by my grand father.. This was an ancestral property which was owned by by forefather for atleast 4 generations.. My grandmother is still alive but grandfather passed away in 2004. I am 33 years old married Hindu male live along with my parents stays in Mumbai. I insisted my father to sale this land as this is in remote village in West Bengal we hardly visit from Mumbai but my father is not willing to sell this land. Can I sell this land on my fathers behalf since this is an ancestral property? If it is not possible can I sell my share? how much will be my share? 30%? (my grandmother is still alive!)
Sons and daughters have several rights as a coparcener. For instance, they get a right in ancestral property by birth; right to survivorship: if one coparcener dies the property gets divided among the rest. They are in joint possession and ownership of property and if they want partition, they can claim so by filing a partition suit.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."