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How is the ancestral property distributed


25-Apr-2023 (In Property Law)

My father has two late brothers who has 3 sons each (total 6 nephews for him). My father has me 1 son and one daughter.My grandfather has died. My grandmother is giving the assets as 3 equal parts. 2 parts is shared by my fathers 6 nephews.My father told us it is difficult to give me a single whole part, as others are sharing as 1:3. So he is registering the 3rd part in his name itself under "Dhana settlement".We dont know whether we have rights over the property my grandmother is giving my father.My father is good person but short tempered and consider as family only for the outside world?

Answers (1)

Answer #1
109 votes

In case of the ancestral property, all the legal heirs will have a right on the property. The ancestral property will be distributed according to the Hindu Succession Act. You can file a partition suit in the court the court will divide the property accordingly.
Whereas in case of self acquired property the property will be distributed among all the legal heirs equally. Wife and the son will receive the property equally. In case of deceased son, the legal heir of the deceased son will get the share. 

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