Son's right over father's property brought through ancestral property

620 votes

Hi, since the property has been bought with HUF money, the property belongs to the entire Hindu Undivided Family, including you, as a legal heir. You have a legal right in the property and your father cannot, legally, gift the property or make a will regarding its disposal.

Advocate Mishika Singh LawRato

589 votes

It will be imperative for the son to prove that property purchased in 1996 was purchased from the Ancestral funds by the father and not his self acquired funds. For this you may have to prove that the income tax returns filed by your father in those years was not showing enough income for him to be able to buy this property from his self acquired funds. A suit for declaration and injunction will have to be filed thereby asking for the relief that the property is a joint family property and stay on the sale of the same till the time litigation is pending.

These cases are tough cases as generally the plaintiff is not always able to bring on record the documents from old times to prove that actually the property is purchased from the Ancestral funds. If in case the son is able to show the chain properly then definitely it can be proved that the property is an Ancestral property and hence get a stay preventing the father from alienating the property in any manner.

Advocate Roshan Santhalia LawRato

931 votes

Yes, you are legally entitled to claim your share in the said property. When you say that a property is being purchased from the proceeds of the ancestral property, then the same also become part of the ancestral property. However, the same needs to be proved in Court at the time of leading evidence. You are advised to immediately file a suit for injunction and partition before the Civil Courts, because once the gift deed is registered, then you have to challenge the same also.

Advocate Siddhartha Jain LawRato