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Ravi Chaturvedi (AM Logistics)     11 September 2021

Ancestral property

I had an ancestral property by year 2003. However, my grandfather divided amongst all his children's which includes my father as well as all of my paternal uncle's (chacha). 

 

Now, at this point of time my father is willing/ looking forward to sell the property i.e. the share he got, while I'm interested to retain the same.

Now, the doubt that is going through my mind is whether the share that my father recieved is still an or has it become my father's personal property after the partition.

Please do suggest me if I can still claim my share on the same or should I proceed to put a hold upon the sale of the property?



Learning

 3 Replies

M V Gupta (Advocate)     12 September 2021

Legally you cannot claim any share in the share which your father got in the partition, as it becomes his self acquisition. Hence

G.L.N. Prasad (Retired employee.)     12 September 2021

Before expecting a share in grandfather's property, as a Youngman, just study what is ancestral property under the law. Once the property is divided into metes and bounds and a share was allotted to all class 1 legal heirs, it is not ancestral property, but an individual and self-acquired property of that individual who has received such share. If you wanted to retain the property, purchase the property from your father. A grandson is not class 1 legal heir to his grandparent property, when father is living and got his share.

Kevin Moses Paul   14 September 2021

It is well explained by Expert Mr GLN Prasad, you can't expect to attain any share in the property as it no longer an accumulated property, but has been divided into your grandfather's legal heirs according.

You can only get share of the property that your father attained and that too only if he wishes to do so. Thus, you can not expect to attain anything other than his/her will.

Hope It Helps!

Regards,
Kevin M. Paul

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