prashanth (Officer) 26 October 2011

Share in kerala hindu ancestral property

Dear Experts,

1.      My date of birth is 16 May 1976. I’ am Hindu Nair from Palakkad Kerala. Our ancestral property was divided amongst the family members in the year 2003. I was not given a share in the property and i have not signed the registration papers then.

2.      Last month i came to know through my friends that as per "the kerala joint Hindu family system (abolition ) act , 1975, that I’ am entitled to ancestral property. The act says "Joint family System amongst Hindus of Kerala was abolished with effect from 01.12.1976 by Act 30 of 1976. Thereafter birth in family does not give rise to rights in property."

3.      Also as per the Limitation act, 1963, iam entitled to take legal recourse within 12 years (for Immovable property).

4.    Sir, i have the following queries

       (a)     Please clarify the above mentioned act( joint family act and limitation act) are correct in my       context or are there any other law which overrules.

      (b)     Some of the family members have already sold their share of property. therefore in this scenario what is the legal option available to me .

      (c)      Do i have a chance of winning in case i file a legal suit?

       (d)     Kindly advise me my course of action now.

Reply Follow

5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 26 October 2011

The family settlement was well within your knowledge since 2003, then why are you sleeping till date and when shall you awake? Either you have no desire to get share in ancesral land then your silence is understandable but if you are desirous to have some piece of land then immediately engage a local lawyer, provide him all title proofs and relevant documents and file civil suit for declaration seeking partition and possesion.

adv. rajeev ( rajoo ) (practicing advocate) 27 October 2011

File a suit for partition and seperate possession.

prashanth (Officer) 27 October 2011

Sir,

Thank you for your prompt reply.

1. I was not aware that i have a share in the property, i was misled that as per kerala hindu jont family abolision act only members of family born before 1975 was entitled for share in ancestral property. Last month i got to know that i was entitled.

2. Some of the family members have already sold their share of property, now how will they give me my share. Will the initial partition be dissolved?

Request your advice

Thanks in advance

Azhar (Owner) 29 January 2012

Dear Sirs

Can anyone please advice me the exact defenition of ancestral property.

What I understand is

Ancestral property is the one which has been held by atleast 4 generations of a joint family without any partition. Example if Mr. A of Generation 1 had 2 acres of land, then if the same property is passed thru Gen2, Gen3 & Gen4 without any partition, then it is treated as ancestral property. Is this correct.

Self Accquired Property

Assuming Mr. A of Gen 1 has 2 acres of land. After Mr A's death the property is partitioned amongst his sons. Then the property becomes self accquired property of the sons. Is this correct.

Waiting for your reply

Aparna (officer) 12 September 2013

We belong to a hindu nair family. My mothers ancestral property was divided in 1985 among (8 children + 2 one for my grand father and grand mother). My cousins who were born in 1969(minor at the time of division) was given no share in the property.My mother and father has now bought 7 shares of divided land from my mothers siblings. Now my cousin has filed a case in 2010 asking to dissolve the land division in 1985 claiming she was a minor in 1985 when property was divided. Is she eligible to file a petition now after so many years. My mother and father as devastated as they have invested their whole life saving in buying those property. Kindly guide.