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Kris (Infy)     22 May 2015

Old ancestral property

Hello all learned members,

My father has an ancestral property got from his father. He had 2 wives, first wife expired 60 years back and has 3 sons (i'm the lone survivor and my deceased brothers have kids who are heirs) and 4 daughters through her (all are married before 1977). My father expired in the year 1998. Second wife is also expired in the year (2011) has 2 sons and 2 daughters. After my father's expiry, the entire care for his second wife was taken by hers sons including the wedding expenses of the 2 sisters.Also, they have spent money for her hospital expenses when she fell sick. The total expenditure is valued at 15 lakhs.

Recently, we had come to know about some of our ancestral property in our native village which is still in the name of my father. The property is valued about 40 lakhs. We are trying to ge the property onto our names, have some of the following questions:

1. Who all will be the heirs for this property (will my sisters who are married before 1977 still can claim their claim in the property?)

2. I proposed that, since the expenditure of 15 lakhs was takenup by my step brothers, from the total of 40 lakhs, reduce the expenditure of 15 (+ additional expenditure now arising from the transfer of property ect) and share the rest of the amount equally among all the members. Is this approach be supported by law on the expenditure or will law suggest to share the 40 lakhs among all?

 

Kindly help us to get over this puzzle.

 

Regards,

Murthy

 

 

 



Learning

 3 Replies

saravanan s (legal advisor)     22 May 2015

your sisters though they are married before 1977 can claim equal share in the ancestral property as per the 2005 amendment of hsa.

 

Kris (Infy)     23 May 2015

Thankyou Saravanan ji for the clarification. How about the expenses? Will the deduction of 15 lakhs be allowed from the toal kitty of 40 lakhs and distribute the rest eqully among all members? Kindly help.

Amit keshri (Mangar)     25 May 2015

so far your second part of question, when the sucession of the property was opened the second wife of your father was alive as such she has share in the property so your deduction of 15 lakh is good step and also covered under the law.


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