What is Ancestral Property? | Definition & Important Legal rules

Sir ,My grandfather was died on 2018 he don’t do whill and alive grandmother and three daughter .As per hindu act how will divide the property??

My father sold his ancestral property in 1967 and bought a land in another city in 1980 with me and my brothers as partners in the said land. We have the registered deeds of the same. We took a loan in 1981 and constructed a building for business and settled the loan in 1995. My father died in 1996. Leaving behind my mother, 4 sons and 1 daughter. Who was married in 1981. My father also made a WILL in 1994 declaring the above facts and clearly mentioning that he was the partner in the business and had given up his share to me and my brothers settling all the accounts. As we brothers were planning to move out to another city for more business opportunitys we were in talk with some parties to sell out the said property. My sister has filed a suit for her share in the property and the trial court has admitted the case and we are not able to sale the property. This suit is entertained from last 5 years. How can we get relief?
As far as I have read and learnt this can’t be treated as ancestral property.
So,
1. Can my sister claim her share in my father’s property even after the WILL?
2. Is the suit tenable??
3. Can the trial court stop us from selling the property?
4. Why doesn’t the trial court consider WILL of my father at the first stage?
5. Is this an ancestral property?
6. Supreme court Citations?

Dear Sreekanthji,

I need your right suggestions regarding property division. Please advice.

My father has one brother and one sister.

The properties which were in the name of my Grand father and Grand mother were divided in equal parts among their 3 three children ( my father, uncle and aunt) by means of Partition Deed.

Whether this property my father got is Ancestral property or self acquired property?

My father did not make mutation of the properties he got in his name. During his life time he also sold some of the properties to third parties using the Partition Deed. Rest of the properties are till now as such.

My father has done second marriage after the death of his first wife. From first wife, there is one son. From second wife, there are 4 sons and 4 daughters.

I am the fourth son from my father’s second wife.

During the division of properties of my grandfather and grandmother through Partition Deed , the son of the first wife was minor and his name has been mentioned in the Partition Deed along with my father’s name.

My father died in 2007 and my mother died in 2018.

Now we want to sell the remaining properties.

How the division will take place?

Whether the properties will be divided equally among all the legal heirs ( 5 sons and 4 daughters) ? or it will be divided into two halves ( among first wife and second wife)?

Please suggest.

Thanking You.

Rajesh Kumar

Hi sir we have a property of my father which was given by my grand mother
In my father name 4 acers nd in my mother name 1 acre land total five acers

Nd we are 5 children 3, boys and 2 daughters and iam elder one nd my father nd mother died in 2015 with out dividing the property nd no will has return

My question are

* if my sisters also have equal share in the property..?

* if the division take place to equal rights means as per iam elder son can I have right to chosse the land which one I want to take..?

*nd if court decides to take 1 Acer each means can we give to our sister which one we chose bcz 3 acre are in other place nd 2 acre are in other place. The 3 acre have demand nd rest 2 acre are less demand
Plse answer sir

Thank you

MY GRAND FATHE, IN THE YEAR 1972 ASKED US TO PAY VALUE/COST OF THE HOUSE. MY FATHER WAS INSANE SINCE 1953 AND DIED IN 1974. MY FATHER WAS NOT IN POSIION TO PAY THE COST, AS HE WAS INSAE IN 1972. WE ARE 4 BROTHERS. IST SON NOT PAID AND 2ND SON ALSO NOT PAID AND 4TH SON WAS IN STUDIES. SO, I PAID THE COST/VALUE OF THE HOUSE BUT REGISTERED AS PARTITION DEED ON HE NAME OF THE FATHER AND HE IS BEING REPRESENED BY MY MOTHER. BOTH DIED NOW.

MY QUESTION IS THAT WHEN OTHERS HAVE NOT PAID COST/VALUE OF THE HOUSE ARE ELIGIBLE TO CLAIM, THE SHARE IN THE HOUSE FOR WHICH I ONLY PAID COST/VALUE, IN THE YEAR 1972, PL CLARIFY?

1. Kartar Singh belongs to Sikh family, having twenty acres agricultural land in village Aujala near Kharar. He was married to Naseeb Kaur and son named Bikar Singh was born to them. But after few years of marriage Naseeb Kaur died.
2. Thereafter Kartar Singh married again to Jeet Kaur according to Sikh ceremonies. Two sons named Gurdev Singh and Jora Singh and a daughter named Jasveer Kaur was born out of this wedlock.
3. In 1990, Kartar Singh died without making any will and without making partition of agriculture land. After the death of Kartar Singh, Gurdev Singh partitioned from his brothers. Agricultural land was divided according to natural succession.
4. On the basis of death certificate patwari/revenue officer entered mutation in the favour of three sons and mother Jeet Kaur. And Jasveer Kaur has relinquished her share in favour of brothers. In 1995 wife of Kartar Singh also died and her share was divided among her children according to natural succession.
Can you please tell me the share each one of them would get?

Hi Srikanth,

Would appreciate your response per Hindu law, to the following WILL and property division question:

1. Husband bequeaths property consisting of a house and plot, by WILL to Wife.

2. On the demise of Husband, Wife bequeaths the same to her 2 children.

In her WILL she specifies that after her demise, Property is to be divided ‘accurately’ into halves. Half house + half plot is to be ‘equally’ divided between both her children/heirs.

3. After her demise, the relative – chosen by the Mother as Executor of the WILL – ‘re-divides’ the property as “he thinks fit.” This occurs when heirs were in their 20s.

The house is allotted to Heir 1 and plot to Heir 2. An “Agreement to divide property of deceased in compliance with deceased’s WILL”, is signed by heirs and Executor and notarized, (not registered) giving effect to this new division.

However, NONE of the clauses in the Mother’s WILL including that half house + half plot must be ‘equally’ divided between both her children’ is taken into consideration/implemented in the Division Agreement.

Recently, Heir 1 has been informed that the Division Agreement is ‘legally defective’, and that the Mother’s WILL ‘OVERRIDES’ the DIVISION AGREEMENT, because – NONE of the clauses mentioned in the Mother’s WILL were implemented in the Division Agreement.

Question 1: Does the Mother’s WILL override the Division Agreement?
Question 2: Is there any way to confirm this?

Thanks in advance.

Hello Srikanth,

My grandfather died in 1997 , My mothers died in 2015. Mother is having 2 brothers alive.

My grandfather is having 1500 sq ft of house and 1.5 acre agriculture land in Satara (Maharashtra)
Which is he received by division with his brothers from his father (After great grandfather’s death ). Grandfathers other brothers already sell all land in there lifetime.

My question is what will be what will be my mothers share as there is no will made by my grandfather. My uncle telling I will qualify only for 1/9 share.

My mother died after 2005 amendment can my mother qualify for 1/3 share ?

Dear sir,
my grandfather has a property and a shop which he has left with a will, on which he has written that the property belongs to his grandchild means me and my brothers but till date my father is alive he will be the takecare of that property, now my father and mother both are expire . we are 5 brothers , in which elder one is no more and he is having a son , 2nd one is saying he is not interested in this property as he already having a property in delhi and have 2 daughters, 3rd one is me, m having one daughter , 4th one is no more he is also having one daughter and 5th one is living there in that property he is having one son. now, he is saying that he will not give my partition nor he is allow anyone to enter that premises nor he will give the shop.

I want the money on the total cost of the property and a shop , and i m ready to write that after getting the money i am not interested for that property and shop..please guide me which laws are there and what should i do???

My Father acquired a self owned property during his lifetime. He expired in 1997 without a will. The rights to the property were given to my mother by myself (Son) and my two sisters. My mother sold the said property in 2000 and bought another property with that money. Now my mother expired in 2017 without a will. What is the status now? Do my sisters has any right in the said property.

Sir, I am writing this mail on behalf of my father. His family has a plot of 1 acre approx. His father (i.e.my grand father) had already passed away in the year 1987. His mother (i.e. my grand mother, who is bed ridden) is still alive and is living along with the youngest son (unmarried) of the family, who is occupied in the house right now. My father has 7 siblings (excluding himself). They are 8 children{ (4 women- 1 married and 3 nun) and (4 men – 1 unmarried and 3 married)} in total. All married persons are living separately at different places. As there is a dispute going on between the members of the family, how is the partition of the 1 acre can be done legally ? We belong to Christian Roman Catholic Community.
1. Whether the nuns in the family is entitled to get the share?
2. If we move legally, how the partition will be done?
Please provide valuable suggestions.
Thank you.

Hello Sreekanth,

I read this very useful blog and found very informative. I have following query. Hope you can answer this query.

My father owns a house which is ancestral property and on paper it’s not transferred to my father’s name.

Can my aunt(my father’s step sister) asks for her share in this house? What about my aunt ‘s children? Can they claim their in this property?

Also, if my father wants to register our house on my father’s name then do we need to ask my aunt?

Thanks in advance for your kind help.

Great job. Keep it up.

Thanks sir very useful article sir mere dadaji ko unke uncle jo beaulad the US se Jamin mili thi will ya gift se nahi balki Hindu act varasai ke niyam se dadaji abhi jinda He to ye jamin ancestral property kahi ja shakti he?

Hello Srikanth,
Your articles are very informative.
I have 2 questions,
My Father-in-law wants to gift a plot in my name. What are the options/Procedures available to transfer the property in my name ? Tax Implication (My income falls in 20% tax bracket)? It is a self acquired property by my Father in law and not a ancestor property.

thanks a lot in advance.

Regards
Mahesh prasad