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How can I claim Property share in our ancestral property ?
06-May-2023 (In Property Law)
I am a hindu. How can i claim my grand mothers' property share apart from her brothers. They are not ready to devide it now. But can i claim only my mother's share. Grand mother and my mother have died already. They are four siblings to my grandmother. What is the advice. Please
If the brothers of your grant mother is not willing to give your respective share in the property the best available remedy is to approach before a civil court. You have to file a partion suit seeking your share. Feel free to contact me..
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Adv. Girish K. Raj
Kottayam | 25+ Answers
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The remedy available to you is to file a partition suit. Do check if there is a will. If so, partition suit can be filed based on that will and if not, partition will be as according to law. You can file the suit as plaintiff and make others as respondents
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Adv. Aravind Sasikumar
Ernakulam | 25+ Answers
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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.
Your property does not comes under the definition of ancestral property.After the death of Grand morther Her childrens and husband have right over the property. If she create any document with regard to the property then the sahre will goes according to the recitals in the documents.
If your mother have right and not yet get from sibilings and she died then her legal heirs can file a partition suit for getting their mothers share
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.
Your property does not comes under the definition of ancestral property.After the death of Grand morther Her childrens and husband have right over the property. If she create any document with regard to the property then the sahre will goes according to the recitals in the documents.
If your mother have right and not yet get from sibilings and she died then her legal heirs can file a partition suit for getting their mothers share
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Adv. Ajay NS
Ernakulam | 200+ Answers
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