Share in fatehrs property
Querist :
Anonymous
(Querist) 04 June 2011
This query is : Resolved
One father has four sons A B C D, all are Hindu, and the father owned four acres ancestral land in his name.
In his life time the father transfer one acre land to son A, without any consideration.
Now the father expired without leaving any will behind. Now the A wants to get 1/4 share in the rest 3 Acres land including his one acre already hold by him. other sons B C D are not willing to give any share to him because he has got his share already in the life time of his father.
My question is whether the A is entitled to get any share from the rest 3 acres land or not.
Querist :
Anonymous
(Querist) 04 June 2011
As per my view A will not get any share in the rest 3 acres land because he has got his share already in the ancestral property in the life time of his father. While other three brother will get equal share to A in the ancestral property of their father without any legal hurdle.
When A got his share in the ancestral property means the property was partitioned and A has got his share, now the other coparceners will get their share in ancestral property. A wont get any share in the 3 Acres of land.
NOTTAM VENKATASAMY
(Expert) 04 June 2011
FOUR SONS ARE EQUAL STATUS A GOT ALREADY 1 ACRE THROUGH HIS FATHER IN THE LIFE TIME, THEN HIS PART IS OVER, REST OF THE 3 ACRES WILL BE PARTED IN 3 PARTS ONLY, INCASE A WILL NOT ACCEPT IT ALL ARE PARTITIONED THE ENTIRE PROPERTY AS EQUAL.
Querist :
Anonymous
(Querist) 04 June 2011
I agree with experts
Querist :
Anonymous
(Querist) 04 June 2011
I do agree with the view of my learned friends. If A has got his share in ancestral property in the life time of his father than he can not claim any share in three acres of land. B C D will get one acre each in the property, because A has got his share in the life time of his father.
R.Ramachandran
(Expert) 04 June 2011
Before coming to the conclusion that it was ancestral property, one has to know the following minimum details.
1. From whom did your father get the property?
2. How did he get the property? (whether under partition or by way of inheritance)
3. When did he get the property?
4. When he transferred 1 acre of land to his son, what does the recital in the document state?
5. Whether your mother is alive?
