How to claim ancestral property

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

You have posted two different issues in your query.  One is about the ancestral property in the name of your grandmother and another is about some money your mother received from government which was given to your grandmother and she built a house with that money on her name?  Thus, which issue you want to clarify.

To clarify your both the issues, in my opinion, since the ancestral property as well as the property built by your grandmother on her name are both on her name, it becomes her own and exclusive property, which she can dispose it in the manner she desires to and on any one of her choice.  Yo cannot pressurise her to give you a share in the property.  The only solution to this is to sit and talk to her and convince her to allot a share in the property to you, I think involving elders of the family will fetch you the desired result.  Try.

1. It is not your ancestral property which has a different meaning legally,

2. it is your grand mother's property and you can certainly claim your dad's ahare if your grand mother and/or your father did not execute any will infavour of anybody,

3. File a partition suit..

Here I may have to respectfully disagree with the opinion of learned advocate Mr. K.K. Ganguly to his opinion No.2 to the subject query.  Firstly the author's grandmother is still alive hence there is no question of acting upon a Will executed by her.  Moreover, she is reported to have acquired the ancestral property on her name, therefore the further inheritance of property due to ancestral in nature extinguishes. as per section 14(1) of Hindu Succession Act,  a property (both movable and immovable) acquired by a female Hindu by inheritance of devise, or a partition or in lieu of maintenance or arrears of maintenance or by gift from any person, whether a relative or not,before, at or after her marriage or by her own skill or exertion or by purchase or by prescripttion or in any other  manner whatsoever, and also any such property held by her as Stridhanaa, shall be held by her as full owner thereof and not as a limited owner.

Thus, the grandmother during her life time can dispose the entire properties lying on her name in any manner as per her sweet will and wish.  The author's father has no share in the said property because the grandmother is still living and he died long back.

1. I misunderstood from the query with a quick look that the grandmother has demised,

2. So, my answer was based on the said asumption which was incorrect,

3. If the grandmother is still alive then it is her property with which she can legally do whatever she wishes to,

4. However, if the querist can prove that his grandmother 'had built the property with the money provided by his mother' with evidence, then his mother  can file a declaratory suit praying for a declaration that she is the title holder of the property since she had paid the consideration for acquiring it in the name of 'his grandmother',

5. If there is no evidence in support of the above claim, then nothing can be done.