quesFather transferred ancestral property share to step bro. How to claim?

My father owns an ancestral property and alive .my father had two marriages .I am only son from first marriage .my father and step mother have 4 children (1son,3sisters) from second marriage. my father has transferred half of the property to my step brother ignoring me.my father had also registered this half property .can I challenge it ? I would like to know that how much share is mine in this property. can I get any share in the property that my father had transferred to my step bro .

  • ans

    You can challenge the transfer as its your ancestral property and your father can only transfer his portion of sale. The  pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by the grand father, father & present generation all in this linear arrangement, 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, father's father, or father's father's father, is an ancestral property. The 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, father's father and father's father's 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, you have a share a file a suit for partition thereby seeking share in the property, also seeking cancellation of document. In addition to this file an application for temporary injunction thereby seeking stay on the property which implies no one can sell or make modification in property

  • Get expert lawyers to verify property documents in less than 7 days with LawRato's property verification service package at affordable cost
  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • 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 book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Similar questions

My husband's step father is asking us to leave his home and used to beat…

Hello, I am from Bulandshahr, UP and my family is facing issues with land acquisition.…
Hi Sir  I wanna ask you that my neighbors have grabbed a piece of my…
My grandfather died n he have 10 cent property. N have 9 children. We are…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly