Distribution of ancestral property
Tribhuwn
(Querist) 19 August 2012
This query is : Resolved
Sir,
My great grand father have three sons. in present time property is in the name of my grand father who is no more. my father have 3 sons and 1 daughter. is it possible property distributed if my father is alive. and if my father willed the whole property in one son and another sons bedakhal from property is it justified or not.
Adv.R.P.Chugh
(Expert) 19 August 2012
Grandfather was the owner. As soon as grandfather died property came to be vested in your father alongwith his siblings, however since the property is ancestral in his hands - you all share equally with him and he cannot oust you from the same by a gift/will or sale.
R.K Nanda
(Expert) 19 August 2012
Each member of family have one share in the said ancestral property.
Anirudh
(Expert) 19 August 2012
First one has to be sure that the property is 'ancestral'.
Many of the querists tend to believe the moment any property came from their grand father or great grand father, the same is 'ancestral'. IT IS NOT ALWAYS SO.
First and foremost it has to be ascertained, as to how the property came to the hands of the great grand father.
The second fact to be ascertained is as to when did the great grand father die?
Only after knowing this minimum information, it will be possible to decide whether the property is ancestral or not.
