Ancestral property
Querist :
Anonymous
(Querist) 23 January 2012
This query is : Resolved
hi, sirs, am from ap.
my grandfather's(g1) father had 4 sons g1,g2,g3,g4 and 3 daughters d1,d2,d3.
in 1991 g1,g2,g3,g4 jointly sold 180 cents out of 200 cents (ancestral property on the name of my grand grand father's). our grand father(g1) was elder son. g4 was adopted by another woman and enjoying her property. g2 and g3 had no sons and having 3 daughters each. now d1,d2,d3 are asking remaining 20 cents of the land.
but it is registered by my father to me as a gift deed in march 2011. because of my father did all funeral's to g2,g3 with out taking any money and property.
if g2,g3,g3 and d1,d2,d3 are going to legal what is the position.
1. is 20 cent's going to d1,d2,d3 with respect of 2005 amendment's act.?
2. is 20 cent's partitioned to 7 parts.?
3. is 20 cent's divided to 4 parts or 3 parts? (g4 was adopted)
Raj Kumar Makkad
(Expert) 23 January 2012
Adopted son gets equal rights with other coparceners in the ancestral property.
The HSA 2005 has nothing to do in the present case.
You have not mentioned when your Gr8 Grandfather & and his wife had died without which you cannot get exact reply, however, I presume that both of them died after 1956.
In the light of aforesaid initial clarification, It is made clear that the ancestral property left by your gr8 grand father shall be inherited by all coparceners in the following manner:
g1 to g4 (4 brothers): 45.71 cent each
d1 to d3 (daughters): 5.71 cent each
Now it is to be seen how much share each of sons have been sold. The share of daughters cannot legally be denied even if your father had bear funeral expenses of his uncles.
R.Ramachandran
(Expert) 24 January 2012
If it was truly "ancestral property", then the male coparceners themselves could not have sold the property in 1991 without the express consent of the female coparceners also, since the daughters have been equal coparcenery status in AP from 1985 itself.
