Right of a son in ancestral land and/or property
ppwankhade
(Querist) 16 November 2012
This query is : Resolved
hello experts.... My father is a retired banker and an ex-serviceman and has made most of his properties from ancestral property from maternal and paternal side and only has residential house from his self earned money (here also ancestral money is spent)Our family consists of my elder sister ( divorced,government employee and staying without my consent with my parents)her son ( 10 years old, my father, my mother and myself & my family (wife, daughter &son)... All ancestral property is in the name of my mother & my father ......now over a period of time we are not in good relations..and i'm staying away in my self earned house elsewhere and my father & my mother are more inclined towards my elder sister and her son.... So i feel that he wants to give all his property to them...Recently he registered a "GIFT DEED" of Half The Plot size of his residence.Am i entitled to my share in the property through ancestor or is it his wish to give the ancestor property to whoever he wants or my elder sister and her son... .One point to mention he has already sold all ancestral land and house and/or invested the so earned money elsewhere for which i do not have account. another question is that if i m entitled to my share then whats the procedure to claim it instantly
ajay sethi
(Expert) 16 November 2012
what basis you say property is ancestral ?
in respect of his self acquired property he can make a gift deed annd bequeath 50% of his residental flat to your elder brother . as far as ancestral property is concerned you have a share in said property .contact a local lawyer
ppwankhade
(Querist) 17 November 2012
Dear Sir,thanks for your prompt reply to my query. Ancestral means the one that was earned by my grandfather and later transferred to my father as a partition.My mother also got the ancestral property from her parents and my father has sold with consent of mother to create wealth for self.now he wants to transfer entire property to my elder sister and her son.Can he do so?how can i have my share?
prabhakar singh
(Expert) 18 November 2012
If it was self acquired property of your grand father then during his life time he was free to deal it in manner of his choice and he did so,then your father got it from him as his own and can deal it as per his choice.
Had been your grand father died intestate the things could have worked differently.
