aishwarya (freelance writer) 26 September 2008

Ancestral Property Division

hi,

My friend sheetal has asked me to find a solution to their family problem. Sheetal's father renovated the ancestral village house for the second time in 1993. He spent lacs of rupees on the renovation. After that all his relatives meaning his eldest sister, her children and grandchildren, his elder brother - his wife and son & daughter and his elder sister and her daughter were using that house as a vacation home. They never paid the electricity bills and other maintenance costs.

Now, there is a vertical split in the family. However, it is more like a cold war. The ancestral house is still in the name of sheetal's uncle (her father's elder brother) and her uncle has a 35 year old son who is currently going through a divorce. Sheetal has a elder sister meenal and no brother.

Her uncle and his family are greedy and cunning people. However, sheetal's father is supportive of his own elder brother and his 35 year old son. He is not ready to make the house on his name. He is also not ready to take it out as his share of the ancestral property.

Please give a solution to this problem and let me know what the two daughters and their mother can do about it.

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8 Replies

jatin sharma (LAWYER) 26 September 2008

hi , i study ur problem,its very complicated. acc to law,the successsion ACT is deal with this case but u told that the property is name of sheetal,uncle than in this situation, that law is also not applicable.the succession ACT only deal with intestate condition,means without will but its case is diffrent.so i advice so told ur frend don,t waist our time and convience the uncle for give his family share.

aishwarya (freelance writer) 26 September 2008

hi,

The problem is that the village house was rebuilt by sheetal's father and it has her uncle's name because her uncle is her grandfather's elder son.

SHEKHAR MISHRA (public servant) 26 September 2008

Aishwarya,

If the house is in the name of Sheetal' uncle , nothing can be done.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 September 2008

Aishwarya,

There r enactmentsdealing with certain property known as Impartiable Property. Such property descends upon a single heir. So the provisions of the Act of 1956 do not apply to such property.Similarly by covnants with Indian rulers certain property too is outside the scope of this act.

prof s c pratihar (medical practitioner &legal studies) 27 September 2008

this is ML pg question in property law.thank you mr ramachary for clear explanation of question of law.

jatin sharma (LAWYER) 28 September 2008

hi, i study ur case proply ,but if ur frend father has spent money to renovation of that house than he can recover the amount of expensive .acc to law he can do that early for recover the money ok. reply me

niranjan (civil practice) 30 October 2009

According to me, when the property is ancestral one but in the name of the eldest son, can be said that he is holding possession on behalf of all and simply because the property is in name of one ofthe heirs, the right of others do not go, and that is why Sheetal's father spent money. So in my opinion you can file the suit for partition without any hesitation.

aishwarya (freelance writer) 11 January 2010

thank you for the reply. Sheetal was much relieved. Her uncle is not negotiating at all with her father. Her father has sent a letter asking for partition by post. But her uncle made fun of her father and told everyone to shut up. The problem is that he is a lawyer himself.

Sheetal's father said that he wants the house and the land that surrounds it. In total, he is asking only for his share of the entire property. But her uncle is not ready to budge.

Since, her uncle is very cunning and a lawyer himself are there any grounds on which he can delay the case if suit for partition is filed?