Is my right affected if property is registered in someone else's name?


We are two brothers, me being the younger one. I took charge of our ancestrol business 16 years back after our father expired. From then, my brother is the sole properitor of the shop and he paid me the salary in books. We both were married.

 

The problem arises now as we purchase properties. He will register it in his or his wife's name. In future, if there is dividation between us, what will be it's disadvantage to me and what precautions should I take from now as there is no will that our father ever made.

 

Answer

 

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 query 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. Also, under the Hindu Succession Act the sons, along with other intestate heirs indicated such as mother and sister in Class I of the Schedule. 

 

Therefore, if your property falls within such ambit then you are entitled for the share in your Grandfather’s property. 

 

He cannot sell the shop without the consent of all his legal heir. Please clarify the following:

 

1. Has he sold the shop and then purchased the property?

 

2. If he sold the property, did you give consent to the same?

 

Please provide complete facts.

 

If the property purchased by him is self acquired then you will not have a share in the property.

 

Hence, we would have to examine the exact facts and see the documents, then only we will be able to provide you with exact legal solution.

 


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