Ancestral property question
Kamal Sharma
(Querist) 30 September 2014
This query is : Resolved
Respected Experts,
I have a simple query regarding the parental property.
My wife is one of two Children of my father-in-law (1 Boy + 1 Girl). My father-in-law is denying my wife's share of ancestral property and transferred all his property to his son via Release Deed.
QUESTION:
The property is ancestral since 5 generations and was inherited after the father died.
Generation 1 => Generation 2=> Generation 3 => Generation 4=> Generation 5=> Generation 6
But in the 3rd Generation there were two brothers A & B and B was single (no spouse/child) so after his death his share of the property was transferred to the son of A because A already died before B. So, the Son of A Received 50% of the property from his father A and 50% property from his Uncle B (A's brother).
So, will this whole property be considered parental for the 6th generation or just half of it or none?
Thanks
adv. rajeev ( rajoo )
(Expert) 30 September 2014
You said it is an ancestral property, then being a co-parcener your wife can claim her share in the share of your F I L.
adv. rajeev ( rajoo )
(Expert) 30 September 2014
She will have to file a suit for partition and seperate possession.
Kamal Sharma
(Querist) 30 September 2014
Thank You Sir for your reply. I believe it is ancestral but as I mentioned that in one generation the property was transferred from the uncle.
So, will this property be still ancestral? Please kindly read the question above please or just read it here below.
QUESTION:
The property is ancestral since 5 generations and was inherited after the father died.
Generation 1 => Generation 2=> Generation 3 => Generation 4=> Generation 5=> Generation 6
But in the 3rd Generation there were two brothers A & B and B was single (no spouse/child) so after his death his share of the property was transferred to the son of A because A already died before B. So, the Son of A Received 50% of the property from his father A and 50% property from his Uncle B (A's brother).
So, will this whole property be considered parental for the 6th generation or just half of it or none?
Thanks
R.K Nanda
(Expert) 30 September 2014
take help of local lawyer.
Kamal Sharma
(Querist) 30 September 2014
Thank You Sir for the information and kind suggestion.
But, I just wanted to know if it is still ancestral or not. I just want to know a basic idea about it before consulting a local lawyer.
Thanks again.
K.K.Ganguly
(Expert) 01 October 2014
1. You have not mentioned how the share of 3rd generation B was tranferred to his brother A's son?
2. The precondition for calling a property ancestral is that there will be no partition/settlement/will in anybody's name for 4 generations,
3. If the share of 3rd generation B's share was notionally transferred to his brother A's son, then it is ancestral property,
4. If there was any partition deed duly conveying the share of B then it will no more be treated as ancestral property.
Sri Vijayan.A
(Expert) 01 October 2014
On simple reading, we can say it is ancestral.
But approach a local lawyer, give all documents and full evolution of property.
He will guide you.
Anirudh
(Expert) 01 October 2014
If the property has travelled from first generation to second generation prior to 1956, then the property is ancestral. Only the 50% which the person got from his father will be ancestral.
As regards the 50% which he got from B - the same is not ancestral.
Kamal Sharma
(Querist) 01 October 2014
Respected Experts,
Thanks for the messages and suggestions.
@ K.K Ganguly Sir
1) The share was transferred from B to A's son via inheritance after B died in 1950 (no child/spouse).
The property should have been inherited by A naturally but since A died 30 years before B and had only one Son so the property was inherited directly by A's son from his uncle B upon his death.
2) There was no partition/Settlement/will etc in any generation and the property was inherited naturally after the death.
3) Only in 5th generation there was a declaration suit.
Thank You
Prithvi Raj Sikka
(Expert) 02 October 2014
Mr. Sharma
You have right in ancestral property and you may file suit for partition.
Prithvi Raj Sikka ( Delhi)
+9191811054562
K.K.Ganguly
(Expert) 02 October 2014
If the share was transferred from B to A's son notionally without creating and registering any document/deed like setlement deed, then it is still an ancestral property to be acted upon as adivsed earlier.
Kamal Sharma
(Querist) 02 October 2014
Thank You Very Very Much for the answers. They helped me lot and I am very thankful to all who took time in reading through it.
Just one final word before I consider this query as resolved.
Will the "DECLARATION SUIT" in the 5th generation changes the status of the property for the 6th Generation?
Thank You, All once again.
K.K.Ganguly
(Expert) 03 October 2014
No. Not till the said Declaration suit is disposed of by the Court in favour of the Petitioner/s of the said suit.
Kamal Sharma
(Querist) 03 October 2014
Thank You Ganguly Sir and all other respected Experts.
Have a Good Day !!!
T. Kalaiselvan, Advocate
(Expert) 05 October 2014
What is a declaration suit ding in between?, do you want to know about the ancestral nature of property or declaration of title by any other means? Be clear in your query?
