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Partition on property of deceased father
16-Sep-2023 (In Family Law)
Hi madam, In kerala we have our ancestral property which covers totally 35 cents. Its in our grandfather (my mothers father) name. my grand mother, my mother and my uncle are the 3 people who should get the share. My grandfather died before 28 years. still my uncle is not willing to do partition. Every time he says some reason and flies to dubai. He and his family are not willing to take care of my grand ma too. This december he is coming. We need something to be done. How should we proceed that. the house is in very bad condition and my grandma couldnt even live there due to leakage. based on law how many shares we shud divide. Plz do advice us.
What is ancestral property ?
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
What is not ancestral property ?
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
In your case the title of the property was in the name of grandfather .So it is not the ancestral property. iF YOU ARE HINDU then after the death of grand father the property legally divided in to his legal heirs.If you are in Christian the right in the property also goes to grandfathers legal heirs by way of indian succession act.
File a suit for partition before the court is the remedy for getting the share in the above circumstances
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
What is not ancestral property ?
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
In your case the title of the property was in the name of grandfather .So it is not the ancestral property. iF YOU ARE HINDU then after the death of grand father the property legally divided in to his legal heirs.If you are in Christian the right in the property also goes to grandfathers legal heirs by way of indian succession act.
File a suit for partition before the court is the remedy for getting the share in the above circumstances
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Adv. Ajay NS
Ernakulam | 200+ Answers
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From the facts given, the property does not appear to be ancestral. It was the personal property of the grandfather. On his death, the property is already vested jointly with the legal heirs i.e your mother, uncle and the grandmother. Your mother or grandmother can file a suit for partition.
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Adv. P Venu
Vaikom | 500+ Answers
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Hope you belong to Hindu family .So Hindu Succession Act is applicable to you. After the death of your grandfather the property devolves upon to his wife and children.The spouse and the children will get the equal share. So your grandmother, mother and uncle will get the equal share of the property of the deceased grandfather . If your uncle is not ready for the partition you can approach the court where the property situates. Definitely you will get the justice.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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