MrSatishyarra 28 April 2021

query regarding my share in ancestral property

At my very small age 2 years my father was given 10 acres cultivation land and he separated from remaining family consisting of my grandfather, grandmother and 3 brothers of my father. after demise of my both grand parents and my father my uncles claim that I don't have any share in remaining properties apart from cultivation land which they also got equally like my father. Am I not legally eligible for other properties? if at all I have right how do I proceed as they are not ready to accept to give me anything

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 28 April 2021

IF you mean that Father was given property at that time as a result of some agreed Family Partition, THEN it means that "ancestral property" has partitioned to the respective family members and nothing remains to be classified as "ancestral property".

2. Property when duly Partitioned looses its classification as "ancestral property".

3. Coordinate with a local Property Lawyer, with all available documents for proper guidance & solutions.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

(Guest)

Hey,

The land that was given, was it given as a partition deed or something?

If not, then you have a claim in the property irrespective of what your uncle says.

For further queries, you can contact me on advsanjaynarayandas@gmail.com

Dr J C Vashista (Advocate) 29 April 2021

Vague information qua status of the land, which can not lead to form proper opinion and oblige

It would be advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding..

G.L.N. Prasad (Retired employee.) 29 April 2021

It appears that there was already a partition and separation during your father's lifetime and he received 10acres when you were ten years old. Grandchildren are not class 1 legal heir in Hindu families. As advised by experts contact a local advocate and explain to him your opinion on such ancestral property and your rights if any. He can guide you further if you deserve a share as per law.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 29 April 2021

As per your own admission, your uncles shared the property which they also got equally like my father. In this case, where is your share. Grand Father's property is at present is shared equally among his Sons ie. your father and also your Uncles. Your share shall have to be given to you by your father.

Supposing X has four sons A B C and D, Again these ABCD have two sons each. When X expires intestate, the property of X shall be divided among ABCD equally but not ABCD plus their two sons each ie 4 + 8 total 12 shares. First, it is 4 shares and later on in due course, it shall be further devolving upon the Grandsons.