Ancestral property issue in gurgaon as my chain is missing in it.
25-Dec-2024 (In Property Law)
My ancestral property chain missed my father share in the Will made by my grand father,Later my father got some settlement done to his three brothers and named the given share to him as personal property. Now he refuses to give me any part of it. Do i have the right to fight my case as it is ancestral property
Regarding your query, the following points address your situation:
1. Nature of Ancestral Property:
If the property was truly ancestral property (defined under Hindu law as inherited up to four generations from the male lineage without any division), you have a birthright in the property.
However, if your father reached a settlement with his brothers and received his share as a result of this, the property may no longer retain its ancestral nature. It is likely categorized as self-acquired property of your father.
2. Will and Legal Rights:
If the property was converted to your father's self-acquired property, he has full rights to deal with it as he pleases, including denying you a share.
If the property is self-acquired, you cannot claim it as a matter of legal right unless your father voluntarily chooses to gift or bequeath it to you in his will.
3. Steps You Can Take:
Review the settlement deed or partition document to confirm if the property remains ancestral or was declared as self-acquired.
If the property is ancestral and no legal partition has occurred, you can file a partition suit claiming your share.
If the property is self-acquired, you may try to reconcile amicably, as the law does not grant you any automatic share in such property.
For stronger grounds, it’s essential to examine the documentation related to the will, settlement deed, or any family arrangements.
Adv. Mahinder Singh Mavi
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.
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