Ancestoral property division
Querist :
Anonymous
(Querist) 01 October 2011
This query is : Resolved
Dear Experts,
My Grand father has left behine him some land and a house in our village.
There was no will made by him.
My Grand mother also died 10 years back.
My father has 2 married sisters, now they want to have the partiton of the property.
In that case I have the following questions.
1. Will the land be divided equally?
2. Can my father claim part of my grand mother also?
3. Will my aunties have share in the house also.
Note: We are a Hindu family.
R.Ramachandran
(Expert) 01 October 2011
1. Where is the property situated?
2. When did your grand father die?
3. On what basis do you say that the property is 'ancestral'?
4. Whether the property was self-acquired by your father or that he received the same from his father etc.?
5. When did each of your aunts get married?
prabhakar singh
(Expert) 01 October 2011
Return back with five information required.
one thing tell with all certainty was this property came in your grand father's hand from his father???
Chanchal Nag Chowdhury
(Expert) 02 October 2011
1. Yes.
2. Yes.
3. Yes, but they cannot demand partition. If it is ever sold, they will get a share but, they have a right of residence.
Note: Merely stating that U R a Hindu will not do. Our Central Govt. has taken the "Divide & Rule " Policy to greater heights in as much as different sets of Hindu law has been made applicable to Hindus of different regions. Henceforth at least state the community e.g., Bengalee, Marathi etc. when seeking queries relating to succession.
Querist :
Anonymous
(Querist) 02 October 2011
Dear Sir,
Please find below my reply to your questions. You have replied that my father can claim my grand mothers part; how ever I need to remind you that my grand mother has already expired some 9 years back.
The answers are as follows:
Where is the property situated?
The property is situated in Maharashtra
2. When did your grand father die?
He died 15 years back
3. On what basis do you say that the property is 'ancestral'?
I do not know the correct defination of ancestral property.
The land was purchased by my grand father.
His father had not left any thing for him.
He had got this land as per the kul kayada act.
4. Whether the property was self-acquired by your father or that he received the same from his father etc.?
The property was purchased by my grand father and he did not make any will.
5. When did each of your aunts get married?
My aunts have got married roughly 40 yeras back some where in 1970s or before.
R.Ramachandran
(Expert) 02 October 2011
Dear Anonymous,
Since it was your grand father's self-acquired property, it was not 'ancestral property' at all.
Since your grand father had not left any WILL, the said property left behind by him will go by way of inheritance amongst all his legal heirs (i.e. his widow (she also now died - probably without leaving any WILL), son(s) and daughter(s)) EQUALLY.
The marriage or non-marriage of daughters have no bearing for them to inherit the property. They are equally entitled.
The reply to your 3 queries are that:
Since your grand mother has also died
without leaving any WILL, the entire property(ies) left behind by your father - including the house property if any - will go EQUALLY by way of inheritance to all his existing legal heirs.
Your aunt's are legally right in demanding partition and they are legally entitled to get it.
