share in ancestral property consideration
Rohit Bhatt
(Querist) 10 June 2011
This query is : Resolved
There is an ancestral(?) property in my village. My family tree is as follows:
Mr. T(head of family)
Mr.G(son) &
Mr.K(son)
Children of Mr.G
Mr.B(son) & Mrs.B(son's
wife)
Mr.D(son) &
Mrs.D (son's wife)
The property in question is in the process of being sold/disposed off for a consideration.
In the above family tree, only Mrs. D(my aunt) survives.
I am Mr. B’s daughter. I am a married daughter, who has lost both her parents. I have three siblings (one elder brother and two married sisters).
Mr. T, during his lifetime, had already allotted a property to Mr. K and has been already disposed off by the immediate inheritors, and it plays no role regarding the property in question.
The property in question was acquired/built by Mr. T. and the concerned property was passed on to Mr G( since Mr K was already given his property)
I have been informed by my elder brother, that only Mrs. D( she has four adult married children), being the surviving widow of Mr. D, my paternal uncle, is required to give her assent to the sale deed to be prepared in regard to the property in question. The other signatory is purportedly only my elder brother( only son of my father, Mr. B)
My query:
Does the requirement of Mrs. D’s signature imply that the property is ancestral inasmuch as it can give me a right in the sale consideration? Will I have an implied right to give my assent also in respect of the said property?
P.S. I am not aware of any will of Mr. T or Mr. G or Mr. B, and I believe personally that no such documents exist. Would the existence of a will prove a hindrance to my claim?
-Mrs. Rohit Bhatt
prabhakar singh
(Expert) 10 June 2011
If the facts put by you are so and you say:
"The property in question was acquired/built by Mr. T. and the concerned property was passed on to Mr G( since Mr K was already given his property) " but you do not write by what deed property was passed to G or K.
This lead me to infer that T owned to properties and one of that was given to K,then the other property was given to G.
If this the case K ;s branch have no right in property T gave to G.
As now in G branch now there are 4 ,you,your two sisters and 1 brother and each one have 1/4 in property given to G,that is being sold now.
How ever it is safer to have a consent from K's widow,as property given by T to K alone has already been sold.
K's wife have no share in G's house property as per facts put by you but in absence of evidence to support your facts,
in future she may claim 1/2 telling you all to have only next 1/2 to be shared among you four as 1/8 each.
To avoid such a contingency taking her consent on deed it self is desirable.
However you all four should execute as vendor(seller).
THIS IS so supposed by me presumin there is no WILL.
Ramesh
(Expert) 11 June 2011
From the information furnished it appears that B & D are sons of G.The query needs to be clarified in respect of the statement that ' the concerned property was passed on to G'.The following opinion is given assuming that there is a written deed to that effect. In such a case the property given to G becomes his self aquired property and if he died intestate then B&D (assuming they are the only legal heirs) become equal owners in the property. Now that D is also no more, his share passes on to his class I heirs i.e.wife and children equally in your case.Therefore if the property aquired by G is to be sold then all the heirs of B & D should jointly execute the deed. I seem to have differed with the opinion of Sh. Prabhakar Singh. If I am wrong kindly correct me. Thankyou
Rohit Bhatt
(Querist) 19 June 2011
Thank you so much Mr. Prabhakar Singh and Mr. Ramesh for your advice on this matter. I am very grateful that you promptly answered my query.
Just to allay any confusion:
Mr. T is my great-grandfather and Mr. G my grandfather. I am the daughter of Mr. B and Mr. D is my uncle. When the house was transferred from Mr. T to Mr. G it was by default, as in the year 1931 (when Mr. T expired) making wills and deeds were uncommon. That's why none exist.
I infer from your replies that my assent and signature is necessary for the disposal of this ancestral property. Please correct me if I am wrong. Thank you.
R.Ramachandran
(Expert) 19 June 2011
The property which came into the hands of Mr. G some where in the year 1931 is without doubt ANCESTRAL, in view of the law prevailing at that relevant point of time.
Now G had two sons, who have coparcenary right in the property by their sheer birth in the family.
From the looks of it, the said property did not appear to have been partitioned so far. BUT HERE IS A RIDER.
We have to first know, as to when did Mr. G die? When did his one son die?
Further, where is the property situate?
Only after knowing the answer to the above two queries, it will be possible to give a view on the matter.
Rohit Bhatt
(Querist) 24 June 2011
Thank you R.Ramachandran for your reply to my query.
Mr. G expired in 1970, and his sons Mr D and Mr B expired in the years 2003 and 2009 respectively.
The property is situated in a village in the state of Gujarat.
R.Ramachandran
(Expert) 24 June 2011
Additionally, you also have to indicate, whether Wife of Mr. G was alive when Mr. G expired, or she pre-deceased him.
Similarly, when B died in the year 2003, whether his wife was alive or not.
Rohit Bhatt
(Querist) 28 June 2011
Yes, Mr. G's wife (my paternal grandmother) expired in 1983, my mother (wife of Mr B) expired recently in early 2011 and my aunt (wife of Mr D) is still alive.
R.Ramachandran
(Expert) 28 June 2011
After going through the above information, it boils down that B and D will get 1/2 share in the entire property of G.
Therefore without the consent of not only D, but her children and grand children (since they are also the coparceners) you cannot dispose of the entire property. Ofcourse, after partitioning the property, you can very well dispose of the 1/2 share that falls to the share of B.
R.Ramachandran
(Expert) 28 June 2011
I am sorry, your following main queries remained unanswered in my earlier reply.
Does the requirement of Mrs. D’s signature imply that the property is ancestral inasmuch as it can give me a right in the sale consideration?
Will I have an implied right to give my assent also in respect of the said property?
Would the existence of a will prove a hindrance to my claim?
Your father B died in the year 2003, and your mother in 2011 without leaving any will. Therefore, their share in the ancestral property will go by way of inheritance amongst their legal heirs i.e. your elder brother and you three sisters.
Your inheritable share in the property is 1/6 each. Thus all you three sisters put together will get 1/6+1/6+1/6=1/2 share.
Your brother will also get 1/2 share (it is made up of his share as a coparcenar 1/3rd + inheritance 1/6th = 1/2).
Therefore, if the property is to be sold, then all your signatures are very much necessary.
If there is any Will left either by your father or your mother, then to that extent your inheritable right will get affected.
Rohit Bhatt
(Querist) 30 June 2011
R.Ramachandran: Thank you so much sir for your detailed answer to my query. I am grateful to you for devoting your time to answer my doubts.
