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senthil kumar (Engineer)     29 February 2012

Ancestral property

My grandfather's father brought the land in 1920 for Rs40. In 1940 all my grandfather , his brother & his father sold the same land for Rs70. After death of my grandfather's father, my grandfather and his brother has brought the same land for same price in 1944. Now this property is ancestral for me or not?.



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 3 Replies

Advocate Vishnu (Advocate)     04 March 2012

Details of the number of children who survived your grandfather will be required in order to clearly state , if you have a share in the said property.

advocate rajan pandurang joshi (Proprietor)     04 March 2012

From the bear facts that you have stated, when the property was purchased by your grandfather once again, upon his demise, whatever, share he may have at the time of his demise would be an ancestral property in the hands of his heirs. Secondly, you should also find out what was the source of funds that came to be used for the purchase of the property after the death of great grandfather. If there was sufficient nucleaous to show then the property would be considered to be an ancestral property. It is only after the position of law has changed upon the commencement of HIndu Succession Act, 1956 whereunder if there is a death of a co-parcener, his share, that would devolve on his heirs would cease to be an ancestral property. Hence, you will have to take in to consideration who died when.

senthil kumar (Engineer)     15 March 2012

My great grandfather died in 1944 and partition between my grandfather & his brother was happened on 1957. My father was born on 1954 and my grandfather was died on 1973. Please clarify that this property is ancestral property for my father or not.


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