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NARASIMHAM SINGAMPALLI (ADMINISTRATOR)     04 September 2018

What is my right?

My grandfather bought agricultural land (2.21 acres) which he gave to my father during a registered family partition. My father has 2 daughters, me and my sister. what is my right regarding this property? Can my father sell it away without giving me a share?



Learning

 6 Replies

pankaj verma   04 September 2018

ur father cant sell it and u hv equal share over that 9816374011

(Guest)
Once the inherited property is partitioned, the share received by each coparcenerbecomes his or her self-acquired property. which means he can sell

DMINDIA 2018   04 September 2018

I don't understand what others are saying. But yes, you have no legal right to ask for any part in fathers property if the father is alive.
Partition and inheritance matters only discussed about death of the person. If person is alive and in Healthy mental situation. then your father can give 100% to any body by donating, by selling in any amount or just give out to only your sisters or only one sister. or to his wife, or to his brother any body.

Kumar Doab (FIN)     04 September 2018

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Are you married?

The property is in which state?

Confirm!

Kumar Doab (FIN)     04 September 2018

Ancestral Property:  that is four generation old …………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.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Apparently the said property is not ancestral.

IT’s nature can be very much self acquired as per points posted by you.

The title holder/owner can dispose his/her self earned/acquired property in his/her life time in nayone’s favor by a valid/registered deed e.g; sale deed……………and does not require any consent from anyone and may deny to give a share to any legal heir.

The legal heirs e.g; sons, daughters may not necessarily have any forced share in property of parents/grandparents, per provisions of personal alw that applies, precedences, judicial pronouncements..

 

Kumar Doab (FIN)     04 September 2018

Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

Your father can give any share to you, by his sweet will, in his life time OR decline.

The estate/property that he leaves in his lifetime; Undisposed shall be open to succession.

Request your father to give share to you.

 


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