LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

TIRTHA MONDAL (EMPLOYED)     20 August 2021

son's claim in father's property

We are a family composition of three brothers and a married sister, alive father and mother had expired. I work in other district and reside there with my family. My siblings have come together for a conspiracy vto debar me from my father's property and they have already convinced my father to do so. My father has two types of property- (1) his residential house which is his solely acquired property ( I am allotted two rooms where my wife's assets of marriage gift like almirah, bed etc have there) (2) ancestal property: farm land with house which was equally divided into four parts among my father's three brothers and my grandmother. My question is that: is there any option to claim through court case over my father's above any kind of property either by me or my wife? Kindly give detail Acts and explanation, if possible.


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     21 August 2021

The self-acquired residential house by the father is entirely his discretion to gift, will or dispose as he likes.  You can take away your belongings and because two rooms were provided to you, you can not claim any share legally.

You are entitled to a share in the ancestral property if any as a co-sharer with two brothers, sister, and father.  You may have to issue a notice for partition and then go to court for partition.

Your wife is not entitled to any share at present.

Contact a local advocate for expediting the process.

Kevin Moses Paul   21 August 2021

As per the situation your dealing with let me inform you that the mere conspiracy done by your siblings against you is not the end of the relationship between you and your father.

Thus, first get in contact with your father regarding the conditions and try to sort out all the misunderstandings between you and your father, this way you might get a chance to be an inherent of your father's self-acquired property too!

However, in case the discussions between you and your father didn't go that well let me know that under the Hindu law, there are two types of properties: ancestral property and self-acquired property.

An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

While one the other hand, the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.

So in any case, no matter what happens you will always have a right over Ancestral Property, and you'll be eligible to have the same share as of your other siblings and even of your father.


Hope It Helps!


Regards
Kevin M. Paul

P. Venu (Advocate)     22 August 2021

The second property, as stated, does not appear to be ancestral. As such your rights in the property held by your father are restricted to that of the legal heir to the property, if any, left intestate,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register