Brother asking share in ancestral property. How to avoid partition?


My grandfather had two sons. One was my father and second was his elder brother. My uncle had bought a land after selling an ancestral land for Rs.6000 in 1965. After sometime my father gave him Rs.9000 and built a big house by his own income on that land. On paper the land was still on the name of my uncle.

 

Now my cousins are asking for their share in that property. We have ancestral land and a house in village too. My question is that what should we do to not divide our property.

 

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 are entitled for the share in your Grandfather’s property. Furthermore, in view of above mentioned, the basic proposition is that the grandson acquires a right in the property of his grandfather at his birth and has a right of inheritance jointly with his father at the time of succession. Hence, you will be entitled for the share in the property.

 

In view of aforesaid, you can at anytime seek a partition of your and father’s share. A partition of the joint Hindu family can be effected by various modes, viz., by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the Court. When a suit for partition is filed in a Court, a preliminary decree is passed determining shares of the members of the family.

 

The final decree follows, thereafter, allotting specific properties and directing the partition of the immovable properties by metes and bounds. Unless and until the final decree is passed and the allottees of the shares are put in possession of the respective property, the partition is not complete. The preliminary decree which determines shares does not bring about the final partition.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Respected Sir/ Madam. We have a old ancestral property in my hometown Bhavnagar (Gujarat, India). We have 8 direct heir of this property. In my case m…

Read More

My cousin's mother wants to file partition suit againest her son in laws i.e brothers son.Those properties she wants to get share were suceeded by…

Read More

After grandmothers death, her apartment is disputed. She had three sons. My father,the eldest. Second died and third is in US. He returned to perform …

Read More

if one of the legal heir paid all the debt taken over the ancestral property, can he get the property fully or other heir can get share too in the anc…

Read More

Talk to a lawyer for your legal issue