Daughter's right
Sudha
(Querist) 09 June 2012
This query is : Resolved
we are two sisters, both married, with no brothers. My father has an anscestoral property which he shares with his two brothers (no sisters). My grand father had purchased one storey house on which my uncles had built upon to make it 3 storey house. After my grandfathers death, the 3 brothers mutually agreed for occuping certain storey and areas within the house.
My concern is that one of my uncle may force my father to give his share in the property to him during his lifetime or thru WILL. in return my uncle would pay some monthly amount to my father. Since my father is very weak financially and does not want to work , he might under pressure agree to it. This would not leave anything for me and my sister. My this uncle has been supporting my parents for some years now and had even supported us in our marrige expense. The property value is very high as compared to support given by him. My Grandmother also expired some years back.
What are my rights in such a scenario and how can I protect my rights for the share in property. Since its is a common property how can i get my share as my uncles would not agree to sale the propoerty. They won't even allow us to rent our occupied share in property.
adv. rajeev ( rajoo )
(Expert) 09 June 2012
both sisters can claim your shares in the share of your father's share in the ancestral property
Anirudh
(Expert) 09 June 2012
From the facts revealed, it is quite clear that it is not at all an 'ancestral property'. It is the personal property of your father. No one has any legal right or claim over the same. Therefore, if your father disposes of the property, then none of you will be able to claim any share from it.
If both of you sisters feel that your father is in need of money, and because of that he will give it to your uncle, why can't you both do the same thing to your father. Why can't you come forward and give the monthly money required by your father and get the same life interest in your favour, if you feel that it will be beneficial for you!
ajay sethi
(Expert) 09 June 2012
well advised by anirudh
Shonee Kapoor
(Expert) 10 June 2012
I am in full agreement with Anirudh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudha
(Querist) 12 June 2012
"Property is ancestoral only". My grandfather has purchased the property with his own funds and on which additional floors were built upon by my uncles as the family members increased. It is a freehold property and land itself has substantial value.
My uncle is very well off and he can afford to pay my father which we cannot do.
please review again.
Anirudh
(Expert) 12 June 2012
Dear Ms. Sudha,
I do not know on what basis that you say that the property is 'ancestral'. Just because the property was purchased by your grand father and not self-acquired either by your father or your uncles?
Sudha
(Querist) 12 June 2012
I believe, since the property was purchased by my grandfather, it should be ancestral.
It was not self acquired by my Father/Uncles.
Even if we take the construction cost for the addtional floors, it is minimal as compared to the land cost.
Anirudh
(Expert) 12 June 2012
If the property was purchased by your grand father, then upon his demise when the said property devolves by way of inheritance upon your father and uncles, the same will be regarded as their private/personal property and NOT ANCESTRAL PROPERTY.
Being a private/personal property of your father, he can do whatever that he likes to do with it and nobody can object to the same or can lay any claim over the said property, especially during his life time.
Therefore, your idea that the property is Ancestral and therefore you or your sister or brother etc., have any share in it or right over the same IS LEGALLY NOT AT ALL CORRECT. Your presumption and assumtion is totally wrong.
Sudha
(Querist) 13 June 2012
Thanks for the clarification. But for curiosity purpose " what is an ancestral property ?"
One more thing. this means even my mother cannot anything if my father leaves a WILL in favour of my Uncle for the said property.
Anirudh
(Expert) 14 June 2012
Dear Ms. Sudha,
Thanks for asking.
A property that a hindu male inherits from his father, grand father (father's father) or great grand father (father's father's father) would be ancestral in his hands, with respect to his son, grand son (son of a son) and great grandson (son of a son of a son). Thus the property inherited by a son from his three paternal ancestors in the male line, would be ancestral/ coparcenary in his hands with respect to his male descendants unto three generations, who would acquire a right by birth in the family and they would also be entitled to enforce a partition.
The above position stood substantially modified after the passing of the Hindu Succession Act, 1956.
With the coming into force of Hindu Succession Act, 1956, a son inheriting the property from his father [which had not already acquired the character of 'ancestral'] would take it as his exclusive or absolute property, with no right of his male descendants over it.
In case the property acquired by your grand father had come to your father prior to 1956, then it would have acquired the character of 'ancestral property'. But from the facts revealed by you, the property acquired by your grand father came to your father after the year 1956 and therefore the said property is not ancestral in the hands of your father.
Sudha
(Querist) 14 June 2012
Thanks a lot
