One can acquire (or) own a real estate property through different ways. You can invest your hard-earned money and buy a property (or) you can acquire a property through a Will (or) you may get it through inheritance also.
We also often hear people saying that we own an ‘Ancestral Property’. What is the difference between a self-acquired property and an ancestral property?
When can we call a property as an Ancestral property?
An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
So, it has to primarily meet two conditions for the property to qualify as your ancestral property;
- The property should be four generations old &
- It should not have been divided or partitioned by the previous three generations.
Then, what is a Self-acquired property?
Self acquired property is the one that you have purchased/ acquired from your own income / resources. It also includes property obtained or inherited as a legal heir or by Will or through a Gift deed.
You get a share (inherit) in your ancestral property by birth. In case of self-acquired property, you can inherit only on the death of the owner of the property. If your father owns a self-acquired property and also an ancestral property, he has the right to exclude you (son/daughter) from inheriting his self-acquired property. However, he can’t deny your share in the ancestral property.
If you would like to sell, dispose, or partition a property, are the rules for these two different kinds of properties same? What about the rules concerning inheritance / succession related to ancestral property based on your religion?
Concepts Ancestral Property & Hindu law
Below are some of the important points on Ancestral property;
- As discussed above, the property should have been acquired by your great grand-father and no partition has been done.
- It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self acquired property.
- The right to a share in the ancestral property comes by birth.
- The share of each generation is first determined and the successive generations in turn has to sub-divide what has been inherited by their respective predecessor.
- Kindly note that if a property has been inherited from your mother / grand mother / uncle or even your brother, such property is not considered as an ancestral property.
How hindu ancestral property will be divided among his successors?
Partition can be made by mere declaration to separate, Partition by Notice, Conversion to Another Faith, under Marriage Act, Partition by Agreement, Partition by Arbitration, Partition by Father, and Partition by Suits.
When a division / partition takes place between brothers after partition they will take equal shares in the property. If there are 3 brothers then each one will take 1/3 rd share in the property.
Can daughters inherit Hindu ancestral property?
Yes, under Hindu Succession (Amendment) Act 2005 even daughter(s) are entitled to a share in the property along with their male siblings. At present, a daughter has the same rights in the property of her father on par with a son.
But, kindly note that Daughters cannot inherit ancestral property if father has died before 2005. Therefore, if a person (father) had passed away before 2005, the daughter cannot claim an equal share in the property. She is however entitled to a certain amount of maintenance if she is unmarried.
Can I (head of family) sell the ancestral property without the consent of other family members?
No – You need to get the consent of other members of the family to divide or sell the property.
Can I consider a property gifted by my father as an ancestral property?
No – Property gifted by a father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father. It remains as a self-acquired property for you. If this property remains undivided for next four generations, even then it will not be considered as an ancestral property.
Can I include my share in ancestral property in my WILL?
I believe that ancestral properties can not be WILLed selectively, ignoring few legal heirs, as each one of your legal heir has the right to get a share in the property.
Are the above rules applicable for a self-acquired property too?
As far as your self acquired property is concerned, you are free to dispose of it in any manner you like.
Can illegitimate children inherit ancestral property?
They can only acquire a share in self-acquired property and not in the ancestral property.
If an Hindu converts to other religion, will he/she has a claim in Parents property? Can they inherit the property?
A Hindu convert does not lose the right to inherit property under the Hindu Succession Act, 1956. For example : A Hindu Daughter after Converting to Islam not loses Right to Inherit Property. But her children will not inherit the property form their grand-parents.
Concepts of Ancestral property & other Religions
Muslim Law
Under Muslim Law, there is no concept of Ancestral property (or) right of inheritance by birth. A person can leave behind a WILL on any type of property. The legal heir can inherit any type of property only on death of the owner of the property.
Christianity
The succession rules amongst the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will.
Conclusion :
It is very clear that law treats both types of properties (ancestral & self-acquired) very differently. So, it is very important that you identify a property as either self-acquired or ancestral one, so that you can plan division of your Estate to your legal heirs.
In case, you are a legal heir, identifying the type of property can help you claim a rightful share in your family’s ancestral property.
Continue reading other related articles :
- 5 ways of transferring your Real Estate Property
- Nominee Vs Legal Heir : Who will inherit your Assets?
(Image courtesy of Stuart Miles at FreeDigitalPhotos.net & Facebook / Social Media Image courtesy : Homeonline.com) (Post first published on : 12-April-2017)
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Hello Sir,
My grand father & grand mother died in 2012. My father also died in 2014. My father are 3 brothers. they live in Uttar Pradesh & we live in West Bengal.
We are 2 brothers. Now my question is :
1) My father didn’t ask for share in my grand father’s property after his death, the ancestral property is not yet divided, Can I demand for share with my brother?
2) If my uncle deny to give share, what legal action we have to take ?
Note : We hardly(once in 5 yrs) go to our ancestral home, because our education completed in west Bengal.
Waiting for your reply
ASHISH KUMAR
Dear Ashish,
1 – Yes, both of you can get your father’s share in the ancestral property.
2 – Without your consent your uncle(s) can not sell the property.
You may first speak to them amicably that you two have your ownership share in the property.
Related article :
* Sale of Inherited (or) Gifted Property & Tax implications on Capital Gains
* Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
Dear Sreekanth ,
My Grandfather has a property in my grandmother’s name and they have 2 sons and 2 daughters . Can this property be given to one son or daughter willingly by my grand parents or it has to shared equally ? What does the rule say ? Please clarify .
Thank you
Dear Ajit,
Is this an ancestral property or self-acquired by your Grand parents?
Hello Sir, Read some of the above answers, your suggestions are to the point. Thanking you.
There is an ancestral property ( grandfathers land) father died in 90’s( before 1995 i.e amendment that daughter can’t claim the property) here they are 3 sons and one daughter. The alive mother ( 80 years old) now claiming here share and daughter as well together . How much percentage will mother and daughter have right to claim. The mother filed a case recently on all three sons in complaining that 3 sons are not looking after here expenses and needs.
As this is ancestral property how would be it shared. How many rights do mother and sister have on this property? The mother’s share can be equally shared after her death or she has complete right now on her part. ? Your suggestion is highly appreciated.
Dear Raj,
Kindly note that Daughters cannot inherit ancestral property if father has died before 2005. Therefore, if a person (father) had passed away before 2005, the daughter cannot claim an equal share in the property. She is however entitled to a certain amount of maintenance if she is unmarried.
But, I believe that mother may have the right to claim her share in the property.
Also, if she is complaining about her ‘well-being’ not taken care of then MWPS Act can be applicable.
Kindly read : Maintenance & Welfare of Parents and Senior Citizens (MWPS) Act | Details & Guidelines
Suggest it is advisable to consult a civil lawyer in this regard.
my Grand father name prakas and had one son namely Ganesh and two sister namely kamala and santi. Prakas had purchased a land with an area of 0.40 dec of land from outsider. This land was purchased outsider man .The vendor is not our family predessors. when Ganesh was the age of 12 his father namely Prakas was registered in favour of me(Ganesh)exclusively. Now Ganesh is dead .Hari and three sister is the successors of my deceased father Ganesh.
Now Kamala and Santi demanding share from our property.
Pls kindly suggest that they will get sahre from our peoperty? if no so please tell me which supreme court judgement they will not entitled from our property which is inherited by grand fathers self acquired property.
waited ur response
santosh
Dear santosh,
As this is a self-acquired property by your grand-father, and more over it is registered in your name, i believe that you have 100% claim on this property and no one else (Kamal ji / Santi ji / other three sisters) can claim their share.
sir, my hindu father was single son of my grandmother. my father 1st married my mother and we are two brothers but after my mother’s death probably 1980, my father married again and she had a son, both of them alive.
Our ancestral properties owners share 1/2 grandmother and 1/2 father. my quaries is how it devide?
Dear kajal,
Your father’s share in the property can be equally inherited by your step-mother, brother and yourself.
Related article :
Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
Sir, i have a query
A – HINDU owner of the agricultural land in GUJARAT
AS1 – owner A’s first son
AS2 – owner A’s second son
AD1 – owner A’s first daughter
AD2- owner A’s second daughter
AD3 – owner A’s third daughter
AD4 – owner A’s fourth daughter
If father ‘A’ had died in 1960 and then his four daughters ‘AD1’, ‘AD2’, ‘AD3’, ‘AD4’ got their names with his two sons ‘AS1’ and ‘AS2’ in government 7/12 document of agriculture land as inheritances.
But they haven’t made partition of the same land still .
AS1 and AS2 had died before their 4 sisters.
Sons and daughters of AS1 and AS2 have already their names in 7/12 government document of agricultural land
If 2 daughters ‘AD1’, ‘AD2’ have died before 9th September, 2005 and sons and daughters of ‘AD1’, ‘AD2’ entered their names in 7/12 document of agriculture land without permission of sons and daughter of ‘AS1’ and ‘AS2’
daughters ‘AD3’, ‘AD4’ died in 2009 and 2010 respectively and sons and daughters of ‘AD3’, ‘AD4’ entered their names in 7/12 document of agriculture land without permission of sons and daughter of ‘AS1’ and ‘AS2’
then the Inheritance sons and daughters of those four daughters whose names are present in 7/12 document after their death , can have any right of ownership on the same land still.?
The land has not been partitioned ( undivided) yet.
I am the son of AS1’s son.
( grand son of AS1)
Dear Birju,
Is this an ancestral property? Has your Grand-father left any WILL on this property?
Dear sir
We are 2 bother.in 1998 my father and uncle are divided there property after that dividation my father got aprox 5 hectare land in which my fahter had divide 2 hectare in my brother and me (2006) after that my bother and me we started our bussines and we bought some land from our bussines money but bought land is on my bothers name ( Mutual understanding ) we made building on that land and bussines shifted that new place for the bussines my brother took a loan on my land and his land ,side by side i have completed my education and after some years (2013)i got job in mumbai then i went to mubai for job.but now my brother saying bought property is mine(Shop and home we bought from our bussines money ) because that is on his name.
My main concern is can i complain for dividation of the shop and land which we have bought(on his name)
In this case what should i do.
Dear Dipak ..Suggest you to kindly consult a CA/Civil lawyer.
Sir
My father has a shop. He has my brother , my sister and myself. We want to partition and we are paying money for my brother for that shop. We want to take that property. Which is the best method in registration to don’t get any problem in future. My sister is married. Is it any problem come from my sister?
Please send the reply to my email.
Dear Sun,
Is the property in your Father’s name currently?
Your brother can execute Relinquishment deed.
Suggest you to kindly go through this article : 5 ways of transferring your Immovable (or) Real Estate Property
Sreekanth Reddy Garu accept my thanks for your valuable advises.
1. Regarding Ancestral property should be four generation old and it should not have been divided or partitioned by the previous three generations.
Sir, can you refer Supreme court judgement in supporting your statement.
2. In a settlement deed donor stated that donee can take the posion of the property and can enjoy the property with dana,damana, vikryayadi Hakkulatho puthra pouthra paryantham.
Sir, isit Donee absolute property or his children to or co parcener ? Kindly clarify
Dear Rajani ji,
1 – May I know your query??
2 – It can be treated as a absolute property by the donee..
Sir,
Any suprime court judgement supporting your statement. Kindly give the citation.
Thanking You.
Dear Rajani,
You may refer these court orders..
Link – 1
Link – 2
Thank Sir.
One More Small Querry.
Sir,
First accept my hearty thanks for your valuable guidance. Presently no one is giving me sates factory answer with relevant citations.
my problem: property was partition between my grand father and my father.
my father before our births execute a settlement deed keeping life interest for himself. in the settlement deed wrote as
“puttaboye putrasanthathiki, puthrulu lenicho puthrika santhathi yi asthini swadinam chesukoni dana, dhamana,vikrayadhi hakulatho puthra pouthra pariyantham anubha vincha valasindhi.”
we are three brothers. after my father, we three brothers are copaceners or male children of these three brothers copaceners.
What is the meaning of “Puthra Santhathi” ?
Male children of my father or Grand children of my father ?
What is the meaning of “Pura Pouthra Pariyantham” in this context ?
any judgements on this issue .
kindly help me – particulars of citations are imparttent for me.
Dear Rajani..Puthra santhathi – it is your father’s children only.
Suggest you to kindly consult a good civil lawyer.
Thanks Sir.
Kindly give me any Supreme court Citations. Supporting your advise.
Sir, I consulted local lawyers. they are saying what you advised me. for my satisfaction I want previous judgements on the same issue. local lawyers are not gining me particulars of the citations. Kindly help me.
Dear Rajani..As of now, I do not have the required info.
Thanks Sir.
Dear sir,
My in law has two children a daughter and a son.we have ancestors property which is not devided yet. My father in law has expired in 2007 and my husband is taking care of my mother in law(managing all the expenses of my mother in law) and my sister in law is not sharing any expenses of her mother (my mother in law) but she needs exact 50 percent share in property.. does she can ask for 50 percent of share without bearing her mother’s expenses… Can we devide it 75 and 25 percent… Can we claim the expenses maid on my mother in law(my husband’s mother)???
Dear Sahana,
As this is an ancestral property, your spouse and sister-in-law have equal share in the property as per the legal rules, irrespective of you bearing the entire expenses for taking care of your Mother-in-law.
The only way to get higher percentage can be to approach a court of law but that can strain the relationships.
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
Dear Rajesh,
“It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self acquired property.”
As the property has been divided, the share owned by your father is a ‘self-acquired one’.
Did your father leave any written WILL?
हमारे दादाजी को पाकिस्तान से 1947 मे हिंदुस्तान आने पर एक दुकान ओर एक मकान सरकार की तरफ़ से मिला था । उस समय 1800 रुपए में मिला था । मकान ओर दुकान का टाइटल था श्री ………….एंड एसोसिएट्स । हमारे दादाजी पिता और ताऊजी ने मिल कर 1800 रुपये चुकाए । दादाजी ने बाद में मकान ओर दुकान की वसीयत चाचाजी के नाम कर दी । हमने केस किया है कि ये परिवार के सभी सदस्यों के लिये सरकार द्वारा दी गई थीं इसमें एसोसिएट शब्द लिखा है । दादाजी को विल करने का अधिकार नही है । क्या हम सही है कृपया मार्गदर्शन करें।
Dear Neeraj,
If possible, kindly post your query in English please…
I just do not want to mis-interpret it and give wrong advice/suggestion.
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
Dear Vinodh,
I believe that all of you will have equal share in the total property.
How you are going to divide, it depends on your mutual understanding.
Suggest all of you to discuss openly and consult a civil lawyer if you all decided to go for property division/settlement.
Hi sir my father was expired in 1985 and he has made some aggrement with 12 acre land owner.after that land owner also died. We are three brothers our elder brother worked in Karnataka police department and retired. After land owner death his son called our family at that time we are too young so elder brother went and made the land registered in his name only. My father made agreement is not there now. But after that we made mutually one agreement stating that these land is in the name of Nagireddy elder son. Three of us have equal share after that by claim form we got e pass books and 1B as per AP revenue. But registration is in the name of elder brother.so is ready to register our shares as per e pass book and 1B.but one thing we both only having e pass books and 1B for our shares. My elder brother is not having e pass book and 1B. But whole land is in name only.But parrelly we have 10 acre of land in Karnataka that also after my father death it is transferred to my elder brother after that we subdivided the land and enjoying our shares.please advise me to proceed to get rights in AP land.we are Karnataka Andhra pradhesh border.
AP land our elder brother not ready to give our shares. Please advise me we are having proof that we are joint family. We can produce Karnataka land divided documents. That one registered documents.
Dear Lakshmi Kumara,
May I know that is the type of agreement you have done ‘among three of you mutually’??
Is this an Agricultural land? Is Katha/patta for this land in all three of your names??
Hi Sreekanth,
I have one query regarding the ancestral property.
My father has three brothers.
When my father (alive) and his brothers were very young, their father died. After their father’s death, these four brothers and mother worked hard and brought 40 acres of land over the years. Now, these four brothers got separated and each one got 10 acres. My father have 2 sons and 2 daughters. So, is this property (my father’s share 10 acres) becomes ancestral or self acquired? Will my sisters have a share in this property? if my father gives the 10 acres to my brother and me, is there a chance that my sisters can go to court for their share?
Regards
Prasad
Dear Prasad,
As this 10 acres of land (which is part of 40 acres) is acquired by your father and your uncles through their own hard-work, it can be classified as Self-acquired properties. Hence, your father can distribute this land to anyone of his choice. He can WILL it or can GIFT it as per his wish.
My father has willed his share in the ancestral property to my brother so can he do that, And he had the Complete share of the property. How to challenge this.
Dear Cheryl,
I believe that your father can’t deny your share in the ancestral property.
Suggest you to discuss this with your father and family members and settle the issue amicably.
If this is not possible, kindly consult a Civil lawyer in this regard.
If a transferor imposes a condition that the income of property belong to me for a period of 20 year but hi lives for a period of 30 year then whether he would be entitled for extra 10 year period or not?
If we read sec 17 of TPA he would be entitled for his life or period of 18 year whichever is mero but not beyond it..
Plz explain.
Dear Adesh,
I did not get your query. Kindly rephrase it..
My grand father and his elder brother divided ancestral property in 1993 and after partition my grand father make a will in which he gave property only two son and exclude his elder son.
Will is valid or not?
Dear Adesh,
I believe it is valid.
As the property has been partitioned, it is no more considered as an ancestral property (for your grand-father and your father). So, he has the right to WILL it as per his wish and choice.
DEAR SIRIKANTH,
MY GRAND FATHER HAD PROPERTY (SELF ACQUIRED) WHICH WAS DIVIDE BETWEEN HIS CHILDREN AND MY FATHER GOT A HOUSE . HE DIED IN 1999 LEAVING HOUSE TO HIS WIFE -MY MOTHER – IN WILL
2016 MY MOTHER PASSED AWAY WITHOUT ANY OFFICIAL WILL
MY BROTHER AND HIS FAMILY HAS BEEN LIVING WITH HER
HOW WOULD THE PROPERTY BE DIVIDED BETWEEN 2 SISTERS AND BROTHER
THANKS IN ADVANCE
MADHU
Dear MADHU,
The property of a female Hindu dying without a will shall devolve according to the following rules:
(a) firstly, upon the sons and daughters (including the children of any pre- deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
In case of a Hindu female dying intestate and without any issue or any children or any predeceased children, any property inherited by her from her parents shall not devolve upon her husband or his heirs but revert to her natal family.
Similarly, in case a Hindu female dies intestate and without any issue or any children or any predeceased children, then any property inherited by her from her husband or her father-in-law devolves upon the heirs of her husband.
So, all three of them will have equal ownership share in the property.
You may kindly consult a civil lawyer in this regard.
Hello Sreekanth,
I need your valuable advise reg,the issue given below
Acquired property of the mother(expired during in 2000)is agreed to be shared between 3 brothers after demise of their father one year back thro’ RELEASE DEED’,Father has left a will to the above.The two younger brothers are agreeing to transfer their share on cost basis in favor of the eldest to pay Rs.43/-lacs each
Status of the brothers(1)eldest brother is NRI working in DUBAI intend to avail bank loan for purchase from brothers
(2)second brother is also NRI live in USA for the past 11 years (3) youngest brother is a citizen of USA.
My question is if the money is deposited in the NRE a/cof the second brother who is a NRI living in USA,can he avoid capital gain tax.If not how he can avoid the capital gain tax.Please advise
Dear Vedagiri,
If I understand your query correctly – the eldest brother would like to acquire the two shares (of younger brothers’) by paying the amount per share to both of them.
If this is the case, any specific purpose for depositing monies in second brother a/c only?
(or) am I missing something here??
Your understanding is correct,both the two brothers are sharing on cost basis only.My son in law (second brother) though live in U.S for 12 yrs is NRI only and do not have PAN card,and he was not an income tax assescee while he was in India . The youngest brother is a U.S citizen I want to know whether he can avoid,tax if sharing is done on execution of Gift deed and he can get the amount deposited to his local bank a/c in U.S
By the elder brother from his Dubai bank a/c
Dear Vedagiri,
Suggest you to kindly consult a CA who takes care of NRI taxation matters.
Sir my great grand father property in a agra .but my brother and father want to sale property without my permission what cain I do and how can take stay plz suggested me
Dear Girish,
You may kindly consult a civil lawyer and approach the court to get the stay order.
My father is alive. Can he transfer our ancestral property to my name before his death.
Dear Vineet,
Is the property jointly owned by your father’s siblings? Are you the only legal heir?
Hello sir,
My grandfather purchase a land on my father name when his age under 18. My question is my father sell it? or take permission from my uncle’s?
Dear Devanshu,
Once a person becomes Major, he/she becomes the Absolute Owner of the property.
This becomes a self-acquired property in your father’s case.
My great grandfathers property had been divided between my dad and bua. When my grandmother died withouth a will, my father refused to give a share to bua. My family feels that daughters should not get a share in the properties. My grandmother had self acquired properties as she worked through out her life and she was also entitled to some cash from her own brothers as per a signed documents.
My parents have clearly told me that I wont get anything from their property and everything belongs to my brother. He is also made nominee in the bank accounts and fixed deposits they have created by selling off their share of ancestral properties. Not sure what they are doing with my grandmothers jewllery and property.
Am I really not entitled to anything? And if they decide they can legally give everything to my brother? Can I challenge it in court?
Dear Bee,
Kindly note that is is sensitive issue. Suggest to try to know why are they willing to give the entire property only to your brother alone??
In case, they do not give you valid reason, you can consult a Civil lawyer in this regard and can claim your share in ancestral property.
Dear sir,
Pls help me regarding of self acquired property. Me , my father & mother have jointly purchased a home in 2010, in which I am paying Rs 2.50 lacs per annum , my father is paying Rs forty thousands per annum and my mother is paying nil since 2010. Now due to some reason my father threating me that he can give his and my mother portion to sister. So pls clarify me that can he give property’s portion if I am giving 80% of loan amount .
Dear Vijay,
I believe that your father can gift/will his share in the property to any person of his choice (can be your sister as well).
Dear shrikant,
Please suggest in following
I have ancestral land, which is distributed in 3, out of total land my grandfather got one piece by mutul deed but in this one land all 3 brothers names are mentioned out of 3 brothers 2 are died and there Children name are mentioned in 7 12 the 1 brother is in physical possation of land as two brothers shifted to city now there Children wants to sale land,but the 1 brother in possation Not agreed to sale it. he is just using land and his name is in 7 12 how can we remove his name from 7 12 and if not, how much share he can claim how to resolve this issue.
Dear Dnyaneshwar,
All legal heirs will have their respective share in the property.
Just because his name is given in Khatha/Patta (land record), it does not mean that he is the sole owner of the property.
As this is a family issue (sensitive one), you may try settling this dispute amicably.
You can get other legal heir names added to the Patta (7/12). Else, you may have to go to court and get the order.
Suggest you to consult any good civil lawyer.
Thanks shreekant for your prompt reply.
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?
Dear NARASING ji,
Do you have any documentary evidence that only you have paid the total purchase price?
Suggest you to kindly consult a civil lawyer.
Dear Sreekanth,
We have an ancestral property which is divided between my father, uncle and their 2 sisters.
Is it possible that I can include my name as one the heirs to this property as no one seems to be interested to do anything about it.
Also what rights do I have on the self acquired property of my father? Can I claim a share in this if my father makes a will in the name of any other person besides my only sister?
Please advise.
Thanks & Regards,
Dear Basu,
You are one of the legal heirs and have a claim of your Father’s share in Ancestral property.
Regarding, self-acquired property, your father can gift or write a WILL in any individual names as per his wish. If so, you can not have a claim on it.
Related article :
Nominee Vs Legal heir who will inherit assets?
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?
Dear RK,
I believe that the two son’s of Jeet kaur, will get equal share from their mother’s share of the property.
Dear Sir
I received self occupied house from my mother in 2010, don’t know the purchased value & due to redevelopment of the society I got a flat for the same house & registered & stamp duty paid for the flat in feb-2014.
Now my question is what is the purchased cost to find LTCG?
Raj
Dear Raj,
I believe that Capital Gains come into picture at the time of Development agreement is being done itself. The purchase cost here is the at which your mother had acquired the property, you may check the Sale deed (which is in your mother’s name) to know the acquisition cost.
In case, you wish to sell the Flat, you can claim tax exemption on LTCG (if other conditions are met).
Suggest you to kindly consult a Chartered Accountant in this regard.
Related articles :
How to save capital gains on sale of property?
LTCG on sale of property & recent court judgments
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.
Dear Mr Singh,
I believe that WILL overrides the Agreement.
However, the brothers can execute the Relinquishment deeds if they have to forgo the ownership in the property.
For ex : One brother can execute a relinquishment deed of his 50% share in the house to his brother and vice versa..
Kindly consult a civil lawyer.
Sincerely appreciate your response and time. Will further consult a Lawyer.
My grandfather had a self acquired property, my father married to a Christian girl (my mother) and converted to Christianity. In 1997 my father died, later on my grandparents died, and in 2014 my mother died. I married to a Christian boy, One of my sister married a Hindu boy, My eldest sister is not yet married. & my brother also married a christian girl.
Are we eligible for the share in our Grand father’s property. He has made a Gift deed in my Uncle’s name before his death. Please advice.
Dear Suchetha,
As the property is a self-acquired one, your grand-father can gift or sell that property to anyone as per his wish.
Also, as he gifted the property to your Uncle then no one else can have an ownership share in that property.
Thank you Mr. Sreekanth.
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 Sachin,
As there is no WILL, the class – I legal heirs of your grand-father ie grand-mother, his sons and his daughter(s) will get the share in the property.
The legal heirs of the deceased legal heirs will get the share owned by the deceased.
You may consult a civil lawyer and can claim it through a partition suit.
Thank you Sreekanth !!!
Dear Sir,
I was a minor or 3 months when my parents expired and I was bought up by my grandfather appointed as my legal guardian by the the Court. He left a Will where he clearly mentioned about my property and belongings of me and his other sons. Grandfather expired in 1994 and I was 14 yrs old then , his eldest son my Uncle then forcefully took over all the property and threw me out of my own house and since he had hidden the Will left by my Grandfather we could hardly do much then. Back in 1997 he had to take out the Will and I got the copy from the bank. which he Registered in the court after 13 yrs from my Grandfathers death. In the Will it was clearly mentioned about my property and also that a new Guardian should be appointed by the court and his eldest son should get the Will executed after his death immediately which he did not do. I went to court and they found him guilty of the act and pressed charges of 11 sections under IPC to both my uncle and his 2 sons , then they took a stay order from High Court to evade arrest. Since the property was a single plot where his eldest son the accused owns the 1st part and the other 2 parts are in my name and my younger uncle. Now when I am trying to go to the property he is not allowing me to enter. The other 2 parts of the property between me and my Younger uncle is not yet divided by the Land office since we did not have the possession of the Will till now. Please advise what step should I take now to get the property in my name. My younger Uncle stays in USA and he is not causing any problem but the eldest son accused person is causing problem. Please advise how I can get my property in my name.
Dear Kumar,
Very sad to hear this!
But dont lose your heart, as you have the WILL, they cant do much against you. Its’ just that they may be trying to scare you. Be bold!
Suggest you to kindly consult a civil lawyer and take this issue forward legally.
my dad has 4 acre ancestral property and he wants to divide it equally to 3 kids and himself with 1 acre each but 1 son is objecting saying he will accept it if dad’s self acquired liquid property and cash is also divided NOW equally and he, the objecting person does not consider that they need their cash until they live. So how can we go around this objecting person, do we need this objecting person’s signature to divide the 4 acre property, with registration etc..
Also my dad bought a 2 acre land in 1995 and registered it in his first wife’s son when the son was 5 years old and now that son is above 18 years old, does my dad have any rights on that 2 acre property
Dear Ramesh,
I believe that you need to get the consent of all members of the family to divide or sell the property. You may have to convince him. You may consult a civil lawyer.
As your father has transferred/registered the self-acquired property in his fist wife’s son, he will not have any claim on it now.
we tried mediation and consulting but nothing has worked, the objecting son says he wants everything equally or let it go to dogs, he is so adamant and he does not want to go court either. If we do the registration that WILL force him to go court, but do you think registration is NOT possible WITHOUT his consent ?
Dear Ramesh.. If so, there is no other choice but to go to the Court. The rest of you all can file a petition on property settlement, as suggested kindly consult a civil lawyer.
Sir, I’m a Hindu. My father and sister died in 1982, we got an ancestral property from my father’s father. My sister’s’ daughter and son are asking the share of the property now. When my sister died these children were minors. Now do they have rights on the share of their mother’s ancestors property?
Dear Shiva,
An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
So, is the said property a four generations old one?
I am an Indian. My father passed away in the year 1999 leaving behind an estate. My mother passed away in 2006. We are five children-3 brothers and 2 sisters. we had not divided the estate till 2016. In 2016 we brothers divided the property and gave a small share (not equal) to our sisters. The sisters initially agreed to what was given and the property was registered in all our names. However of late both the sisters claim equal share. Please do let me know if their claim is justified.
Dear Vasu,
Have you done any formal family property settlement among five of you?
” kindly note that Daughters cannot inherit ancestral property if father has died before 2005. Therefore, if a person (father) had passed away before 2005, the daughter cannot claim an equal share in the property. She is however entitled to a certain amount of maintenance if she is unmarried.”
So, suggest you to also consult a civil lawyer.
Dear Mr Reddy,
Thanks for the reply.
The sisters are married and well settled.
Please do let me know if this is applicable even to Roman Catholics.
Dear Vasu.. The above rule is applicable for Hindus only..as this is related to Hindu Succession (Amendment) Act.
Under Christianity, there is no concept of ancestral property under the Indian Succession Act. In this scenario, I believe that Sisters can claim their share in the property (Estate).
Hi im satyanarayana i have a question if a accused convicted in criminal case 302 of ipc he had a ancectral property can he had a right in that property or the rights transfoms his legal heirs please clarify this one
Dear Satyanarayana ..I am not sure on this! You may consult a lawyer and get the advice.
Sir my great grand father got a 800sq yards gift land by king.great grand father died unexpectedly.my grand father had a 11 children’s in that my father is a 2 (1boy).my grand father given a gift deed to only three sons(total 5 sons).problem is,my father asking it is us property to his brothers,but they are saying no,dad given gift deed for us 3 members.(grand father did a gift deed and he died 2006)sir pls give a advice for me what to do.and tell there is a right having to my grand father to give a gift deed a land (my great grand father land)
Dear Pavan,
Suggest you to kindly consult a Civil lawyer!
My grandfather died in 2002, he has 1acre land. My grandmother written a will of that 1acer land and died in 2009. My father and his 4brothers are sharing that 1acer land as per grandmothers will.. so now my question is my father share is coming under acentral property r self-acquired property?? Bcz my father was giving that property for me.. i have 1brother n sister.. in future any problem rises from my siblings?
Dear Raj,
“An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.”
How did your grand-father acquire this property?
I believe that it is a self-acquired property as the property has been divided as per the WILL.
Yes sir, it is my grandfather’s self-acquired property, so my father has any rights to giving that property to any one?
Dear Raj..Yes, he has to rights to sell or gift his share of the property to anyone.
Tq so much sir, for giving ur valuable information… Keep forward ur site in public.. al d bst.. tq tq
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???
Dear Rakesh,
Suggest you to kindly consult a civil lawyer in this regard..
Dear sir,
We have a property puechased by my grand father and after his death in 1995 as only son my father inherited the property. My two aunts are married. Now after my brother death in 2015 my father transferred the propery to my name. Now my question is can my sister in law claim the property on the ground of ancestral property
Dear Prasad,
An ancestral property is a property acquired by great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
In your case, was it acquired by your great grand father?
No sir
The property was purchased by my grand father in 1948 i think not my great grand father.
Dear Prasad..Then it can not be considered as an Ancestral property.
They can claim a share in the property as per Hindu Succession Act, assuming there is no WILL written by your father/grand-father..
My father transferred that property by the way of gift settle ment to me after my brother death.
Also i came to know that widow cannot claim in ancestral oroperty is that correct.
Dear Prasad.. As mentioned in my previous comment, this property may not be considered as an Ancestral property.
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.
Dear UJ,
As there is no WILL, (assuming a Hindu family), the legal heirs ie two daughters and one son (yourself) of your mother will have equal share in the property. This is as per Hindu Succession Act.
Hi.
Mine is a self acquired property via WILL
If I acquire another flat, will I be eligible to get deductions under Income tax act on Principal and Interest amount of my loan while filing income tax ?
Will the new flat be considered as a second house and deprive me of the deductions on Principal and Interest?
Thank you
Dear Dhaval,
Yes, you can claim tax deductions (subject to ceiling limit).
Kindly read :
Income from house property & tax implications
Budget 2017-18 Proposals
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.
Dear Hardy,
The succession rules amongst the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will.
I believe that your Grand mother has right of 1/3rd of the property and the remaining 2/3rd of the property share can be shared by the legal heirs (lineal descendants).
Regarding, The Succession Act & Nuns, there has been different court judgments which are conflicting and confusing. Suggest you to kindly take advice from a civil lawyer.
Kindly read :
Article 1
Article – 2
Sir, My sister’s husband died in the year 1999 and his property transferred to my sisters name ok. and my sister’s husband’s Father died in the year 1996 and his property is transferred to my sisters husbands mother. Now, she wanted to give her property to his two daughters. Now, sisters family has 3 daughters and 1 Son.
My sisters husbands mothers name has 6 acres of land and she wants to give the property to her daughters.
It is possible to give the property to her daughters also.
Dear vijay ..If it is an ancestral property inherited by your Sister’s husband’s mother from her husband, still all the legal heirs will have the rights on the property. If it is a self acquired one, then she can gift to her daughters, as per her wish.
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.
Dear DMS,
All legal heirs can have right of ownership share in an ancestral property.
Yes, your father may have to ask your aunt and get the consent.
Hi Sreekanth,
We have an ancestral property, my father in laws father did not write any will. So in between my father in law and his sisters settlement happened in such a way that his sister’s are not going to ask any share. So now, my father in law has transferred all the property to his name. So now, will my husband and his brother have equal share on this or its my father in laws wish on how to distribute the property.
Please suggest.
Thanks,
Preeti.
Dear preethi,
Your husband and his brother will have share in the property as it is an ancestral property.
Regarding the settlement between your Father-in-law and his sisters, was it a formal one? (any document has been registered on this??)
Thanks Sreekanth. Yes there was a legal document stating by my father in laws sister, saying that she does not want any share on the property.
For the question on the property divison between my husband and brother in law, so you are saying that my father in law do not have right to distribute the property?
Dear preethi,
He has the right only on his share in the property along with his Sons and that too he can sell his share only after getting consent from them.
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?
Dear Sachin ..If possible, can you kindly post the above query in English.
My grandfather did not have any offspring in his uncle’s land, after his death, after his death, Dada was given a farm by inheritance, and is this property as an cestral property?
Dear Michael ..Apologies, I am unable to understand your query. You may take advice from a local civil lawyer / Chartered accountant.
Is there any difference between ancestral property and HUF property? Please elaborate.
Dear Sweta,
Kindly go through this article, can be useful ...click here..
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
Dear Mahesh,
The gift will be tax-exempt one. He can execute it through a Gift Deed.
Kindly read:
Gift & tax implications!
5 ways of transferring real estate property.
Thanks for the article Srikanth, one question,
A land property on my fathers name. He passed away last year. And I am only son.
How can I treat this property, if I want to sell or if I want to built a house in it?
Please advise
Dear Subhash ..Your mother and you will have equal share/right in the property.
You can get the mutation done in your name/in joint name.
Thank you Sreekanth