Distribution of ancestral property
Manik
(Querist) 12 March 2014
This query is : Resolved
Hello Profession.. I'm stuck in property dispute. Please help me with it asap...
An ancestral property belonging to my great grandfather who has three daughters and three sons, one being my grandfathers who is alive and refusing to give my father any share. The share of his other two brother who are no more has been settled amongst their heirs.
Now what my grandfather did is that the share of his three sisters which was to come to him was diverted/ routed/gifted to my father's youngest brother's wife(uncle's wife). Two of her daughter are no more, so NOC has been taken from their heirs and one is still alive who signed the documents.
Now is there any remedy for us to call for the share routed/gifted to my uncle's wife who doesn't even belong to Ist line of heirs. Can ancestral property be gifted to any one nephew's wife while the others are still alive.
Please provide solution to my problem asap.
Sudhir Kumar, Advocate
(Expert) 12 March 2014
I belive that the matter is too old you have not specified dates.
It is apparent that the rights have been foregone.
Apparently nothing fruitful can be done.
Manik
(Querist) 12 March 2014
All this happened this monday only i.e. 10th march 2014 only.
But how come the share be given to her. If she wanted to gift that share, could have gifted that to her son or any of her legal heirs. So can't be fight on the issue that it has been done deliberately to make us forego the share
Rajendra K Goyal
(Expert) 12 March 2014
Consult a local lawyer and show him all the documents.
Guest
(Expert) 12 March 2014
Property matters are normally complex issues to be discussed in detail with the expert in property law and to share all needed information by him to arrive at some definite conclusion. So, you need to adhere to the advice of Shri Rajendra K Goyal.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
If it was ancestral property, your grandfather can legally transfer the property to the extent of the share to which he is entitled in favor of anyone but he has no right to make any settlement deed or transfer any share of property beyond his own to anyone he feels so, it is illegal, invalid and not binding on other co-sharers. With all the relevant papers of the property, you may contact a local lawyer expertise in partition issues.
Manik
(Querist) 13 March 2014
Even the share belonging to my grandfather which he acquired from his ancestors can't just be transferred at his own will as his legal heirs have the right to make claim over such property, if I'm not wrong. Since my father belong to the class I heirs so he has the right over the ancestral property. The property if any acquired by a person his in life time using his self earned money can definitely be distributed as per his own choice, but this can't be done in case of ancestral property.
R.V.RAO
(Expert) 15 March 2014
your understanding of ancestral property is correct.
in the query raised by you, the ancestral property principle of 4 generations is satisfied,ie great grand father,grand father,father and son.
All the legal heirs including women are entitled to equal share in ancestral property.
Post the Hindu succession amendment act 2005,women got equal share in ancestral/joint family/coparcenary property.
so your observation that the share of grand father's 3 sisters coming to him is not legally correct .the 3 sisters are also legally entitled to equal share in the property,being legal heirs.
The legal heirs of predeceased sons/daughters are also to get equal share.
so the solution to the problem is that all the living legal heirs to the said ancestral property have to file a partition suit for division of ancestral property among the legal heirs.
once the ancestral property is distributed among the legal heirs,it becomes their self acquired property.
a division or partition of ancestral property can be sought by any legal heir at any time during his/her life time.
Manik
(Querist) 17 March 2014
Thank you Mr. Rao, I appreciate the time you took out for giving your opinion.
But still her act of gifting the same to my uncle's wife is not called for and basically we would take this as one the grounds.
And I tell you what these people are trying to do is reduce our share.
I'm working on the same. Actually were are not in possession of the papers. So trying to get the true copies of these documents.
Actually in punjab villages person known as PATWARI has the documents and even he is involved in this conspiracy. So trying to get the copies of documents using legal sources.
And would let you know the outcome of the cases when it happens. Thank You
R.V.RAO
(Expert) 17 March 2014
your grand father' 's act of gifting his sisters' share ancestral of property to his daughter in law is not legally correct.
your grand father could only gift his share of ancestral property(that too only after legal partition of ancestral property to all legal heirs) but not other female legal heirs share.
Once LEGALLY distributed among all the legal heirs, THE ancestral property becomes the self acquired property of each of the legal heir ,when any legal heir could gift or transfer his self acquired property any way he /she likes.
you could file a suit for setting aside such giving away of ancestral property in an illegal manner and also ask for re -distribution of ancestral property to all legal heirs equally(in case of predeceased ones,their legal heirs will get that share).
