Great grand daughter's rights on ancestral property
Renuka
(Querist) 10 September 2018
This query is : Resolved
Hi Sir,
We had a ancestral property it was of my great grand father's property .
My father has 3 brothers and 1 sister and 6 years back my grand father passed away without any will so my aunt approached court for the equal share along with her brothers. since it is ancestral property court ordered that she gets an equal share in that property.
Since the property is not dividable into 5 parts( For My father,3 uncles & Aunt) now they sold it and everyone taken the money equally.
Could you please help me to understand what are my rights on great grand father's property.
Thank you,
Regards,
Renuka.
Kishor Mehta
(Expert) 10 September 2018
You get a share, in equal proportions with your siblings, from the share of your father. In simple words you and your siblings have equal rights only in the share coming to your father.
Guest
(Expert) 11 September 2018
Yours seems to be quite a hypothetical question.
However, I differ with the views of experts. You don't enjoy any right.
By the way, why do you want share out of sale proceeds separately, when your father is alive and you are supposed to be the part of your father's family?
Vijay Raj Mahajan
(Expert) 11 September 2018
You are the fourth generation in the Family where the property existed. The division of the property that was done in the court proceedings at that time the court should have been informed that this being ancestral or coparcenary property of the Hindu family the members of the fourth generation that was existing should have been taken care along with the third generation which had your father, his 3 brothers and one sister. The Hindi coparcenary property has all the members born in the family having share by birth.
You can seek your share in the property's proce that was sold and its proceed divided by third generation members.
Guest
(Expert) 11 September 2018
If there is even a slightest truth in your story, the best way is to file a suit against all those, who shared the booty and taste the result in the shape of a court decision. Try your luck, if you can get even a single penny out of the proceeds.
However, for your information, the case related information provided by you lacks in the most crucial information.
Bedsides, can you --
1) quote the case No. and the court in which the case was decided in favour of the five litigants?
2) Also, when the case was going on in the court, why you kept silent, if was desirous to share the proceeds?
