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Ancestral property or self acquired after family partition
17-Jun-2025 (In Property Law)
My great grandfather (A) died without a will, my grand father B and his elder brother C enjoyed the property jointly in HUF later they too died without a will. In 2005 a family partition settlement was executed among my father&his brother ( sons of B) and his cousins ( sons and daughters of C). I was born in 1990 do I have the right to father's acquired family property by birthright as partition was done in 2005?My father is planing to sell a portion of property or gift deed without our consent
Yes, you may have a legal right. As the property originated from your great grandfather and was held in HUF, it retains the nature of ancestral property. And as you were born in 1990, you became a coparcener by birth under the Hindu Succession Act. If the 2005 partition was genuine and executed by your father before you objected, your right may be limited. However, if the property remains undivided or your share was not considered, you can challenge any sale or gift without your consent. Your father cannot unilaterally gift or sell ancestral property if it affects your rightful share. File a civil suit for partition and injunction if needed.
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Adv. Ragul Sivanand
Nagercoil | 200+ Answers
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Regarding your father selling or gifting a portion of the property without your consent, as a coparcener, you have a right to challenge this if the property is still part of the HUF or if your share was not duly partitioned. Post-2005, any alienation of coparcenary property requires the consent of all coparceners, including you if you are recognized as one. Since the partition was in 2005, you should review the partition deed to confirm its legality and your inclusion. If your father acquired the property individually (not ancestral), he has the right to dispose of it, but if it’s HUF property, you can seek legal recourse to protect your share.
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Adv. Illamaran J
Chennai | 25+ Answers
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