Partition of family property
Ashesh Bhardwaj
(Querist) 08 September 2014
This query is : Resolved
We have some ancestral properties as some agricultural land a partly built house by my father on ancestral land in Bihar which was purchased by my grandfathers(my grandfather and his unmarried brother).They died without making any will or gift ,so his property got transferred automatically to my father's name. Now my father is saying that he will divided the property in three parts.One part each to me and my brother and one part to his own name which he is willing to give to my brother since he is earning very less and has three children and lives with my father in bihar. I want to know whether there is any law by which I can stop this and in force the partition of property equally between me and my brother or can I file a suit against this so that the properties or its part can not be sold without my concurrence.
Please help me as its very urgent .
Raj Kumar Makkad
(Expert) 08 September 2014
As the property purchased by your grand-father and his unmarried brother became personal property of your father on their demise being their sole successor, your father is free to distribute it as per his sweet whims and wishes hence you cannot stop him legally.
malipeddi jaggarao
(Expert) 09 September 2014
Understand that simply because the property devolved in your father's name, it can not be ancestral. In your given case it is self-acquired property of your grand father and would be treated as self-acquired property of your father after the death of your grand father in the absence of any Will. Be happy at least he is willing to give you 1/3rd share.
Rajendra K Goyal
(Expert) 09 September 2014
The property would be treated as self acquired property of your father and he is free to sell /will / gift / assign in any way he wish.
ajay sethi
(Expert) 09 September 2014
agree with experts
Anirudh
(Expert) 09 September 2014
In which year did your grand father and his brother purchase the said property?
Ashesh Bhardwaj
(Querist) 09 September 2014
all properties purchased before 1967.
Raj Kumar Makkad
(Expert) 09 September 2014
The year of purchase shall not change the legal provision as already stated to you.
Anirudh
(Expert) 09 September 2014
You have indicated that the properties were purchased some time before 1967. I take it that the same was purchased after the year 1956.
In that case, the property is not 'ancestral'. The said property is 'separate / personal' property of your father.
Your father can do whatever that he wants to do with the property. HE CAN EVEN GIVE THE ENTIRE PROPERTY TO YOUR BROTHER WITHOUT GIVING AN INCH TO YOU.
Therefore, neither you nor your brother have any legal right to demand any share. You have to gracefully receive whatever that your father gives during his life time.
Even if you opt to approach the Court, you cannot win since you do not have any legal right over the property.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
You should be happy that your father had come forward to allocate some share of property to you, if he refuses to give even a handful of mud to you, you cannot claim anything legally,basically the property was your grandfather's self acquired property joint property in which his sham re was inherited by your father, so that becomes your father's own property and not ancestral so you cannot claim partition or share in it, this is the legal position as per your your contents.
