Property dispute
MrGreato
(Querist) 29 July 2013
This query is : Resolved
we have 3 brothers of hindhu family,my father having 5 acres of agricultural lands,his acquried from his father,he is the only son of my grandfather,my grand father died without intenstate,now my father told now i will take a legal heir certificate and all lands will register in my name then will write a will all lands goes to elder son.my query is
1.is this lands are ancestral property or self acquird property?
2.can other two sons claim the lands or not?
malipeddi jaggarao
(Expert) 30 July 2013
1. Your grand-father died intestate. The property devolved on your father after the death of his father as a legal heir. Hence it is ancestral property.
2 Two other sons have equal rights in the property. Any will excluding them will not stand before the law.
Nadeem Qureshi
(Expert) 30 July 2013
this is a ancestral property and all the legal heirs have right in the property
Rajendra K Goyal
(Expert) 30 July 2013
Ancestral property. All your brothers have right in it.
Raj Kumar Makkad
(Expert) 30 July 2013
You have not told whether the property was purchased by your grand father or the same was inherited to him from his father.
In case the property was self acquired then the property in the hands of your father is his personal property and he can definitely make a gift or will in your favour and none of your brothers can legally object it but if the situation is otherwise then the property is ancestral in the hands of your father and he cannot give it just to his one son.
Raj Kumar Makkad
(Expert) 30 July 2013
My answer is based upon Hindu Succession Act but if you are guided by any other personal law then the situation shall be accordingly.
malipeddi jaggarao
(Expert) 31 July 2013
Shir Makkad saheb
Is it relevant whether the grand father has acquired the property by inheritance or self-acquired? As grand father died intestate, will not be ancestral property devolved on the queryist's father? Kindly clarify my doubt.
prabhakar singh
(Expert) 31 July 2013
If your expression"my grandfather died without intenstate" IS TO MEAN THAT YOUR GRANDFATHER DIED WITHOUT LEAVING A WILL,
Then:Unless there is any special legislation
to govern the succession of agricultural land,as is there in U.P.,all you three brothers,if born in lifetime of your grandfather,would be treated to be COPARCENERS WITH YOUR FATHER TO HAVE 4
EQUAL shares of 1.25 acres each.
And in this condition your father has nothing more than 1.25 acres in his right to pass you exclusively by any mode of transfer.
But if you meant your father got these 5 acres
by a will from his father then he can transfer all 5 acres to you.
