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Susan J   10 May 2024

Ancestral property

Dear Sir/ Madam,

I have an ancestral property is Kerala, Pathanamthitta . It has no will. It belongs to my deceased grandfather. We are christians. As all his children are deceased, there had been no serious initiatives in the past to come together and split the property. The property tax is still being paid in my grandfather s name.

My cousins( the deceased s great grand children) live in different countries and are not bothered about the property maintenance nor sale. The property documents are handwritten in old malayalam.

As a grand daughter, i want to sell this property  atleast my share as I continue to pay taxes for the property.There is absolutely no co-operation from any of the other grand children. No effort , but want big money from the sale of property. No one is ready to write a power of attorney too.

Need guidance on: 

Can I enjoy my ancestral wealth?

1. Process for changing my grandfathers name from the tax receipt and adding my name.

2. Since I have been paying the tax for the last few years, can I claim the property 

3. Can I sell the property?

4. Can I atleast split the property and sell my share alone?

Please advise.

Thanks,

Smitha

 

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 May 2024

There is no concept called ancestral property under Indian Chritian laws 

It is falling Indian succession act.

However,  the Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred. 

The Indian Succession Act (ISA) of 1925 provides a comprehensive legal framework for the distribution of property among Christians in India. It encompasses both testamentary succession (distribution as per a will) and intestate succession (without a will).

If you are one of the successors in interest then you shall be entitled to a rightful share in the property and not the entire property.

By just paying the property tax you cannot claim the rights over the property neither you can transfer the property tax or revenue  records to your name alone.

As grandchildren, they have the right to claim a share in the property in accordance with the succession rules. It's advisable to seek legal advice to ensure proper understanding and application of the applicable laws in specific situations

1 Like

Dr. J C Vashista (Advocate )     11 May 2024

Very well analysed, explained and advised by expert Mr. T Kalaiselvan, which I endorse.

Payment of property tax do not confer title (ownership right) of property.

Provisions of Indian Succession Act, 1925 shall apply in instant case.

It is better to consult a local prudent lawyer for proper advise.

1 Like

P. Venu (Advocate)     11 May 2024

The only option in the given circumstances is to file a partition suit and get possession of the property you are entitled through the Court.


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