Right to property after legal divison
krishna
(Querist) 15 October 2011
This query is : Resolved
Please let me know can i sell, gift or write a will for accestoral property i got after legal divsion in court. does my childer still have claim over it.
we are 3 brothers and done legal divison of the our ancesstoral property e.g there were 3 houses now we have taken 1 each.
So do i have all the rights for my share or can my childern claim right to this property.
Sankaranarayanan
(Expert) 15 October 2011
yes absolutely and better to change the title of property by your name . you consult your nearer lawyer and make necessary formalities regarding so.
krishna
(Querist) 15 October 2011
thanks for quick reply,
Please let me know even if i dont change the title of property in my name, based on the legal divsion document can i sell or gift the property. Can my children file case claiming ancestoral rights.
Sankaranarayanan
(Expert) 15 October 2011
yes why you think such other view.you change the tile is good .
krishna
(Querist) 15 October 2011
"yes" in your reply ....does it mean my children can file case claiming ancestoral rights. I am confused please elaborate
Raj Kumar Makkad
(Expert) 15 October 2011
Property received to you by way of inheritance though it got partitioned, is an ancestral property over which your legal heirs have also legal right. Though their names are not mentioned in revenue record as on date but even then they have share therein so you are not exclusive owner thereto and thus cannot dispose off property without legal necessity of family.
prabhakar singh
(Expert) 16 October 2011
I know you might be still dissatisfied as unanswered,one of us tried but failed to appreciate facts stated by you.
your query that with respect to 03 house properties that was ancestral you three brothers got it partitioned equally by accepting 01 house in each of the partition lot by a court decree.
And your query is that the 01 house accepted in the lot would be treated as your personal property or it is still a coparcenary property between you your sons and daughters.Correct??
My ANSWER IS YOU OR ANY OF YOUR BROTHER CAN
NOT TRANSFER HIS HOUSE RECEIVED IN PARTITION BY GIFT SALE OR WILL IGNORING THE COPARCENARY SHARES THAT YOUR SONS AND DAUGHTERS OR YOUR BROTHERS SONS AND DAUGHTERS HAVE IN THEIR RESPECTIVE BRANCHES IN VIEW OF PROVISIONS OF SECTION 6 OF HINDU SUCCESSION ACT UNLESS YOU ARE FROM BENGAL REGION OR FROM THOSE REGIONS WHERE NOT MITAKSHRA BUT DAYABHAG RULES HAS BEEN IN PRACTICE AS SUCCESSION IN OLDEN TIMES OF YOUR ANCESTORS.
krishna
(Querist) 16 October 2011
Thanks for your reply.
The issue is that I have already sold a portion of the house to somebody as i thought after court decree its my own property. and now that peron is living there so can my sons throw him out on basis of ancestoral rights.
R.Ramachandran
(Expert) 16 October 2011
Dear Mr. Krishna,
Do you mean to say that you are only three brothers and there are no sisters to you?
It is also not clear from your post, on what basis you say that the property was "ancestral".
You have to indicate the history of the property, i.e. how your father got the property, when did your father get the property, where is the property situated etc. etc. Only then, it will be possible to give a proper answer to your query.
Has the Court also recorded that the property is "ancestral" while effecting the partition?
krishna
(Querist) 16 October 2011
The property was build by Grandfather then it came to my father, then we three brothers did legal divsion in court, and got our shares. No sister is there.
Now I have sold a portion of my share.Now the portion is in name of third party through registered deed. can my sons ask the third party to vacate.
R.Ramachandran
(Expert) 16 October 2011
Dear Mr. Krishna,
Please indicate when did your grand father die?
Pl. also indicate when did your father die?
You have not answered whether the Court also recorded that the property is "ancestral" while ordering the division of the property in question.
Raj Kumar Makkad
(Expert) 16 October 2011
It can very well be read between the lines that his father received the property in inheritance on the demise of his father and similarly querists and his brothers.
So the mentioned acquired the status of ancestral and thus coparceners have got every legal right to challenge the alleged sale.
