Can i claim money from sale of ancestral property 25 yrs ago?


I am 45 years old married living with my father along with family in our ancestral home. Right now I am jobless and managing family expenses through earlier savings. Earlier father has sold all other ancestral property 25 years back without our consent and invested all the money(45 lacs now including provident fund and pension money) in Bank FD, by his name.

 

Right now I am bearing his expenses like food, medicine, electricity bill of AC, cable etc till date. I am not able to bear his expense and asked him to contribute his part. Instead of doing that, he threatens us to throw out from house. Can I claim in FDs?

 

Answer

 

A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.

 

The essential feature of inheritance of ancestral property according to the Mitakshara law under Hindu Succession Act is that man inherits from any of his three immediate paternal ancestors, namely, his father, fathers father and fathers fathers father is ancestral property as regards his male issue, and his son acquires jointly with him an interest in it by birth. Their rights attach to it at the moment of their birth. 

 

Therefore, if your property falls within such ambit then you were entitled for the share in his Grandfather’s property.

 

In view of aforesaid, when the property was sold at that time only you should have raised an objection and asked for partition. Now, only after examining the sale deed and other relevant documents pertaining to property we can provide you a legal solution .

 

Further we would like to mention herein that, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 a legislation was enacted in 2007 Ministry of Social Justice and Empowerment, Government of India.,to provide more effective provision for maintenance and welfare of parents and senior citizens. This Act make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance.Under Clause 5(1) of the Bill, a senior citizen or a parent may apply for maintenance under Clause 4 of the bill. (A senior citizen is an Indian citizen who is at least 60 years old. A parent could be father or mother, whether biological, adoptive or step father or step mother, whether or not the father or the mother is a senior citizen). If the senior citizen or parent is incapable, any other person or a voluntary organization authorized by the senior citizen or parent can apply for maintenance on their behalf. The Tribunal may take cognizance suo motu (that is, it can act on its own cognizance). These two provisions are welcome since most senior citizens or parents do not have the energy (they do not have the money anyway) to apply for maintenance.

 

Thus, for the aforesaid reason, we will advise you to take care of your father.

 

Further, you have no right to claim in your father’s FD till the time he is alive. After his death, the nominees mentioned in the FD will be entitled to claim the same.

 

Kindly contact us for any further details and action.        

 


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