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Property ownership issue between ancestors
11-Apr-2023 (In Property Law)
I have a hindu born in 1983. I have a 7 acre agriculture land in joint with my younger brother. My grandfather have received 50 acre land in a village from his father and sold it. With the money in hand he purchased agriculture land near a city. in year 1986 my grandfather divided the land in his grandsons (not his sons). I was the alone receiver from the side of my father. in september 1987 my father died and my younger brother took birth in December 1987. in 1997 my mother as caretaker of property added name of my younger brother in property. so there are two question 1. Was my mother authorised for adding name of my younger brother in property papers? 2. Can my brother claim the property on the bases of ancestral property as the new property near city was purchased by grandfather with money gained by sale of ancestral property.
Your facts which you have mentioned in your enquiry is not clearing the whole picture but here I would like to clean the basic concept of ancestral property and hindu undivided family which will hellp to understand batter becouse you are well know the fact and circumstances in your matter and the facts which you have mentioned in your enquiry is creating confusion.
Concept of Ancestral Property
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.
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.
6.Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
So se for as I understand your situation your greadfather received the property from his father mean your great grandfather here should be clear that how your great grandfather acquired the property if it was acquired from father of great grandfather it will be ancestral property and your grandfather would have no right to sold the property for his own use and similarly he would have no right to give the property only grandson ( you ) and not his sons becouse it would be ancestral property which can not transfer ignoring the share of other members of hindu undivided family. But if the property was the personal property of your great grandfather so he was the right to transfer the whole property to your grandfather by will or any other method it is one point the second point is if your great grandfather died without devidation so immediately after death of your great grandfather whole property transfered to your grandfather, your father and you it is meaning of ancestral property, next point is to understand that if the property was personal property of your great grandfather and your grandfather received the property from your great grandfather so that would be the personal property of your grandfather and he would have right to transfer the property with his own choice and anyone who receives such tipe property like you it would be the personal property not ancestral property and no one can claim the share in the property like your brother and your mother also would have no right to add the name of your brother as co-owner.
I hope this advice Will help you to understand the situation and face the problem.
Concept of Ancestral Property
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.
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.
6.Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
So se for as I understand your situation your greadfather received the property from his father mean your great grandfather here should be clear that how your great grandfather acquired the property if it was acquired from father of great grandfather it will be ancestral property and your grandfather would have no right to sold the property for his own use and similarly he would have no right to give the property only grandson ( you ) and not his sons becouse it would be ancestral property which can not transfer ignoring the share of other members of hindu undivided family. But if the property was the personal property of your great grandfather so he was the right to transfer the whole property to your grandfather by will or any other method it is one point the second point is if your great grandfather died without devidation so immediately after death of your great grandfather whole property transfered to your grandfather, your father and you it is meaning of ancestral property, next point is to understand that if the property was personal property of your great grandfather and your grandfather received the property from your great grandfather so that would be the personal property of your grandfather and he would have right to transfer the property with his own choice and anyone who receives such tipe property like you it would be the personal property not ancestral property and no one can claim the share in the property like your brother and your mother also would have no right to add the name of your brother as co-owner.
I hope this advice Will help you to understand the situation and face the problem.
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Adv. Rohit Jagwani
Gwalior | 100+ Answers
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