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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

 3 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.


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