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How to initiate distribution of ancestral property
01-Mar-2023 (In Property Law)
sir, There is two land in two place. one land(A)is in name of my great grand father and another land(B) is in my grand father name in Patna. Both land has bought before 1980. Both were no more. my grand father did two marriage. From 1st marriage two son has born which is my father and my uncle, who lived in land(A) since childhood. And from 2nd marriage one son born who was elder from my father and uncle, lived in land (B), was also no more. my father and uncle are alive now. i just want to know that how does land be distributed. and how to transfer land my father's name now. there are also a problem that all documents of land (A) has taken by son of uncle who lived in land (B) after the death of grand father. my father always demand him to give documents but he doesn't give. please give solution of distribution of land.
Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
1. This property should be four generation old.
2. It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
3. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
4. The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
5. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.
More over:
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
Corollary:
Property gifted by a father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father.
1. This property should be four generation old.
2. It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
3. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
4. The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
5. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.
More over:
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
Corollary:
Property gifted by a father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father.
Helpful?
28+
28+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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You have to file Title partition suit in your concerned court.
Arrange all the land papers of the property to file the suit.
Make a vanshavali of your entire family.
If your share of the property you can file mutation in your block to transfer your share on your name.
Arrange all the land papers of the property to file the suit.
Make a vanshavali of your entire family.
If your share of the property you can file mutation in your block to transfer your share on your name.
Helpful?
30+
30+
Adv. Abhay Kumar
Patna | 100+ Answers
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