K Pradeep (Clerk) 18 July 2011

Share in Ancestoral Property

1. I am a Hindu and married. My father died recently. We are now four , my mother, elder married sisster, elder married brother. My father had given one acre rubber land (self acquired), some 800gms gold and 30 cents farm land (ancestoral land) to my elder sister as dowry at the time of her marriage. These lands are now in the name of my elder marriee sister. Father assured me verablly before his death that the home (land of which is ancestoral and the home constructed by father with the money from me and my elder brother) will be given to both of u (me and my elder brother). However now my mother is not in a mood and she is interested to give the home to my elder sister alongwith some left lands, ie 10 cents land (ancestoral) and another 05 central land (ancestoral).

2. Sir my question is whether we (me and my elder brother) can claim the house after demise of my mother ?. In case my mother give the home to my elder married sister, then can I or we both (me and my elder brother) can claim all the properties, that is one acre rubber land, 800gms gold and 30 cental farm land (ancestoral), share in the home, share in 10 cents (ancestoral) and share in05 cents (ancestoral).

3. Please reply and mail

Reply Follow

3 Replies

R.Ramachandran (Advocate) 18 July 2011

When your father has died, automatically partition of the ancestral property would take place by operation of law. (SEction 6 of the Hindu Succession Act, 1956).

Thus, the ancestral property would stand divided into 3 portions - one each for the sons and daughter and one portion for the deceased father.

Since your father had not left any WILL, his 1/4th share in the property would go by way of inheritance equally amongst your mother, you two brothers and your elder sister (hoping that your father's mother is not alive. If she is alive, then she will also get equal share in which it will be 1/5th share each.)

Thus, when your mother has got only 1/4th or 1/5th of the share in the ancestral property, the question of your mother wishing to give the home to your elder sister alongwith some left lands, ie 10 cents land (ancestoral) and another 05 central land (ancestoral) does not arise. SHE HAS NO RIGHT. IF SHE DOES THEN THAT WILL GET QUESTIONED AND CHALLENGED.

Since you are already the owners of your respective shares in the ancestral properties, your question at paragraph 2, whether we (me and my elder brother) can claim the house after demise of my mother does not arise since the property is not in the name of your mother (or is it?)