Jaya Pathak (Paralegal) 11 February 2015

Very urgent - is it ancestral property?

Property is self acquired by person named "D". He had 3 son's from his first wife who died. He remarried and had 3 son's from his second wife. So total 6 sons..... S1, S2, S3, S4, S5, S6.

D & his second wife died. Properties were seperated and S1 to S6 took their own share.

S5 has 2 son's A & B (grandson's of D)

A has 1 son "X" and B has 1 son "Y" (great grandsons of D)

So my question is on behalf of X & Y (great grandsons of D), what will be the property that came to the share of S5 (fifth son of D)?

1) Is it ancestral property for X & Y which is now 3rd generation of D?

2) Does X & Y have right to this property by birth?

Reply Follow

4 Replies

Jayashree Hariharan (Advocate) 11 February 2015

yes is the answer

Laxmi Kant Joshi (Advocate ) 11 February 2015

Yes, X and Y have right to that property by birth .

T. Kalaiselvan, Advocate (Advocate) 13 February 2015

I may have to respectfully disagree with the opinions of the above experts. This will not become ancestral property since he properties were duly partitioned among the sons of D and they were in possession and enjoyment as owners, therefore the ancestral nature will not arise or subsist. Since the properties were already partitioned among S1 toS6, neither A and B nor X and Y have any right or share in the property.

Jaya Pathak (Paralegal) 14 February 2015

Hello Kalaiselvan Sir,

Can you please let me know which law and section is your advice based on? It will be very helpful for me to look into it.

Thanks

Jaya

Originally posted by : T. Kalaiselvan, Advocate
	I may have to respectfully disagree with the opinions of the above experts. This will not become ancestral property since he properties were duly partitioned among the sons of D and they were in possession and enjoyment as owners, therefore the ancestral nature will not arise or subsist. Since the properties were already partitioned among S1 toS6, neither A and B nor X and Y have any right or share in the property.