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Subramani (Farmer)     28 October 2024

Ancestral property or self acquired property in hindu law

Property A, an 8-acre piece of land, was jointly purchased by the great-grandfather and grandfather in 1937. When the great-grandfather died in 1941, the grandfather, as his only son, inherited the property, even though he had three sisters. When the grandfather died in 1979, the property passed to his only son, the father, who then changed the patta (title) to his name. The original land document is in the names of the great-grandfather and grandfather. Land title patta document is in the name of Father.
Father bequeathed the property of 8 acres only to his elder son because the younger son had married outside their caste, and father kept his younger son away from the family. Father died in 2024 and the will came into effective. 


Does the younger son have a legal right to a share in this 8-acre property?
Esteemed advocates, please clarify the legal complications.




Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 October 2024

A Hindu joint family property will devolve among 4 generations.  (1) Your great-grandfather, (2) your grandfather, (3) your father and his sisters and (4) generation: you and your brother.  For your father's share, you and your brother have equal rights over the property.

Subramani (Farmer)     28 October 2024

Thank you. Even if he wrote a will to the elder brother, do both brothers have an equal share?

P. Venu (Advocate)     28 October 2024

 There cannot be any definite suggestion unless the documents are perused and issues    discussed. Certainly, the younger son can take a chance by filing a suit for partition.

Dr. J C Vashista (Advocate )     29 October 2024

The subject property is stated to have been purchased by great-grandfather and grandfather, accoridingly it (property) is their self acquired.

Personal laws (Hindu, Muslim, Christian) govern inheritance of properties.

On death of great grandfather share of his intestate property shall devolve upon all his children (including your grandfather) and widow, if alive.

Various unanswered questions have to be considered before forming proper opinion to oblige.

Show relevant documents to a local prudent lawyer for appreciation of facts and professional advise.

T. Kalaiselvan, Advocate (Advocate)     29 October 2024

Presuming you belong to Hindu religion and the Hindu succession law is applicable, if your father was the only legal heir or successor in interest to succeed to his father's estates, then the Will written by him bequeathing the property to his chosen son would be valid, the aggrieved son may not be successful to prove that this is an acestral property because in the previous generation your grandfather acquired the pperty as a legal heir in the year 1941 and at that time the daughters were not entitl;ed to any share in their father's properties. 

However you can discuss the subject elaborately with an advocate in person for all such further opinions


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