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Sreekanth Reddy:

Sreekanth is the Man behind ReLakhs.com. He is an Independent Certified Financial Planner (CFP), engaged in blogging & property consultancy for the last 12 years through his firm ReLakhs Financial Services . He is not associated with any Financial product / service provider. The main aim of his blog is to "help investors take informed financial decisions." "Please note that the views given in this Blog/Comments Section/Forum are clarifications meant for reference and guidance of the readers to explore further on the topics/queries raised and take informed decisions. These should not be construed as investment advice or legal opinion."

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  • Hello Sir,
    My grandfather acquired property and he leased out a part of it to my 2 uncles among 4 to run school over it for 20 years. How can I claim the property before time as my uncles are getting greedy.

  • Hi Sir,
    My father have 2 brothers and all of us used to live in same ancestral house in Rajasthan till 1975. Due to some issues, only the eldest brother is living in that ancestral house now and my father & uncle are living in a new house. Could you please advise if we can still claim a share in our ancestral house and if yes, please explain how to do it.

  • We have undevided ancestral property in our possesion. My aunt(fathers sister) died in 1996 and grandfather died in 1965) As per latest decision by supreme court, the condition of father should be alive to claim equal share of daughter was overruled. But also in this particular decision court has noted that daughter should be alive to claim equal share when the HSA amendment was introduced. SO my question is, can my aunts (fathers sister) children successor can claim equal share in property. Please advise.

    • Dear SSD,
      Very valid query!

      “If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time.”

      I could find above info pertaining to your query. If this is valid then your aunt’s successors may not be able to claim their share in the property.

      However, suggest you to kindly consult a civil lawyer in this regard.

      In case, you find a genuine answer/solution to this, do kindly share the information here, can be useful to other readers as well.

      Thanks & Cheers!

  • IN the last verdict of supreme court, it was clarified that daughter will get equal share only she should be alive for the applicability of Amendment of HSA amendment of 2005, you have not clarified that in above.
    Earlier decision was overruled that father should be alive. But daughter should be alive.

    • Dear SSD,
      I could find the below information on the net ;

      “If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time.”

  • There is no reply of mine above question, where my father purchased a residential house in Rajasthan in 1950. in my name, elder son & at that time I was two years old Father died in 2011 without a will. We are two brothers & four sisters. I am the eldest . Can I sell the property without sharing money to my brother & sisters.

  • Hi.
    My father died long back. We had a property which was brought in my step mothers name. Now the partition will take place. Will that property will be included in the pertition or just because it is already in my step mothers name so it can not be shared among us.

  • I have one question. My father died in 2011 without any will He purchased a house in absolute my name in 1950 when I was two years old. I have one brother & four sisters. Whether this property belongs to me only or all my brother & sisters. How you will convey me My Mob no is 98250900**.

  • Dear Srikanth sir,
    Great article with clarity thanks.
    My great grand parent wrote will like, his daughter’s son only can enjoy all ancestral properties. Son has 3 sisters, they can eligible to get share per Hindu law. Her mother (my grand mother) expired recently. How these sisters(my mother n aunt) will get properties share as per indian law.

    • Dear Rajagopal,
      Legal heirs get a share (inherit) in an ancestral property by birth.

      Also’

      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.

      Hence, suggest them to consult a civil lawyer reg. this..

      • Dear Srikanth,
        Thank you very much.
        My great grand parent wrote will in 1950s. That time no practice to share ancestral property to girls.
        So that they wrote WILL to grand son not grand daughter.

        So far my uncle only enjoying the property (age60+) and he not has own income so far.
        My mother n Aunt can claim forequal share, now. If fails may file suit for equal share.

  • Thank you for the great article Sreekanth. Gives lot of information with respect to succession law.

    I have a question and may be very common in nature. your comment is highly appreciated.

    My grandfather bought the property and in sale deed it was named to my father’s elder brother(my uncle). At the time of purchase my uncle was minor.
    Now my uncle is not ready to share the property with my father saying it is on his name solely.

    Can my father claim his equal right on this property which was purchased by my grandfather but on the name of his eldest son.

    My grandfather died without writing any Will.

    Thanks and Regards,
    Sandeep

      • It was bought when my uncle was just 8 years old by my grandfather. So obviously he was not earning.

          • OK.
            I simplified the issue. here is detailed information.

            My Grandfather and his brother were doing business jointly and were part of Hindu Undivided Family.
            The land was purchased using money from the joint business. At the time of purchase land was named to my grandfather’s brother and my grandfather’s eldest son (my uncle). My grandfather has six sons and the land is only on the name of his eldest son and his brother.

            So rest of my grandfather’s five sons can’t claim that land?

            • Dear Sandeep,
              If one can prove that the property was acquired to through joint sources of income (from HF) then we have a case…

              Suggest you to kindly consult a Civil lawyer..

  • hi sir,

    This is lakshman.my grandfathers land was eqully shared at my age of 15 years.but later i realised my uncles got higher than me they cheated my parents nad me.but that time its happend orally didnt do any paper work.so i asked them reshare again equally but they didnt agreed. So what kund of action can i take as law.please suggest

  • Hi Sir,

    In between 2017-2018 my father’s mother property had been shared equally to her children’s after my father’s death. I have one elder brother before my marriage that lands registration was done and I signed on all papers on believe, he was said will give something back but now he is saying he will not return back anything,is there any chance get back properties equally.
    If can get it back how can I proceed could you suggest me.

  • Hello Srikanth,

    My relationship with my father is not great ( mom n dad both separated). I’ve got 2.5 Acres of land from my grandfathers(fathers side) share back in 2000’s. When we were about to share the property, he said please do not share as it was yours, we will agree to sell the land when ever you want. Now, I’m in a state of financial emergeny and need that land to be sold. I heard that from my lawyer, the time to share the land from court is lapsed or something and we cannot share it now, is this true? If it’s true or not, please help me with proceeding forward where by court appoints a surveyor etc to partition the grandfathers land.

    • Dear Sumanth,
      Without looking into the documents, it it tough and not advisable to give any suggestions in this regard..
      If you the requisite documents (like Partition or Settlement Deed), you can approach the court, get the surveyor appointed and can sell your Share in the property.
      You may take a second-opinion from a different civil lawyer..

  • Dear, Sreekant Reddy,
    My Grand father purchased a land and passed away before 1956 , after that my father and uncle put their name in record. My father and uncle passed away. now I am unable to trace out my uncles family for almost over three decades, As I am also a senior citizen it is becoming difficult to keep the vacant land safe from land mafias. I cant sell off as the property is in joint name .. what should be my solution

  • Sir
    My grandfather’s father property
    father is passed in 3year ago
    my mother registered husband property
    We are two brothers and one sister
    My mother shared property to brother only in 2019

  • Dear Sir,
    My father has 9 acres of ancestral land. He has 4 sisters out of which one sister is died who has 1 daughter only. And in the documents everyone has their names. Even my grandfather’s sister’s name is there who is dead and she didn’t have any children. Will everyone get a share in the property?

      • Hi I am parsuram
        ଝିଅ କଣ ବାପ ର ରହୁଥିବା ଘରବାଡି ଉପରେ ଅଧିକାର ଅଛି. ସେମାନେ ନେଇପାରିବେ

  • Dear sir,
    I bought land 6 guntas from agriculture land of total 1 acre 33 guntas , that property is ancestral property of that owner he has 3 children one son and two daughters. While registration is done only owner ,wife ,son and one daughter is signed in registration process. Now another daughter who is not signed is put case in court that she has right to get equal share in ancestral property. The land given to us is fully on main road side and other portion of land has no road. Now the other daughter have right to get land from 6 guntas which already sold to us ? How much she will get from us?

  • Dear srikant,
    Greetings.

    My father has ancestor property that is given by his grandfather to my father on verbal note.
    But my father divided the property into 3 parts and asked other 2 brothers to choose any of the portion as per their choice. Both brothers selected superior land on road side. Upto so far everything was on verbal note.
    Now one of his bother asking more land from my father as he wants equal distribution on the basis of x/3. As he sold most of his land and he have few part. He also put while land on saty since 2018. The land that is under my father name and his younger brother name does not have the petitioner name but this is also under stay as this is the part of whole land.
    Our advocate is saying that he cannot cancel the stay for my father and his younger brother land. What should we do now?

  • Dear srikanth, my grandfather transfer his agricultural property to my father. ( father to son). Now my father is not accepting to transfer property to our three brothers. We are not married but mojors, my father is an alcoholic person and without our acceptance he was trying to sell the land. My grandfather is alive. What is the legal remedy for solving the issue.

  • Sir my nanaji died a months ago. He owned a 2.063 hectares agricultural land a house which in ancestral. He made a will that my all property should be distributed among my 3 sons and my both daughters i. e., my mom and my mausi are well settled. So please tell me that can my mom and mausi clain their right in this property. He also sold a part of that land to government as it was acquired in national highway. Can my mom clain for share in amount my nanaji recieved as compansation for his land. Sir please help me as everyone is fooling me.

  • My father died before 5 years without writing any will on his property. It is an ancestral property with a house more than 300 years old. We are 3 children and mother is alive. Now we want to do partition of the property with 4 equal shares. I want to get my share including the house. Now my brothers demanding that they will put a value for the house and my share in land will be reduced according to this house’s price. Is it possible to put a price for this much old house? Is there any legal right for them to do this?

  • Sir, How can an ancestral property be divided if: (a) There are 3 brothers (one from a mother and 2 from step mother)??
    (b) Similarly there are 4 daughters (1 from a mother and 3 from step mother)???

  • Dear Sreekanth sir,
    Hope you’re fine.
    Kindly answer my queries.

    My parents have 4 sons and 2 daughters and I am one of the sons. We are living in our Grandfather’s property (house).
    1. Can my brothers get their shares without my concern (without my acceptance and signing in writing)? Is it legally possible for me to stop them from enjoying the share of the property (including staying in the house now)?

    2. Can my brothers get their shares without my 2 sisters’ concern? (With the recent supreme court order for property rights for daughters)? Can my 2 sisters (married) take legal action against my brothers if they don’t want to give the shares to my 2 sisters?

    3. Can my Father give the property shares only to some sons and/or daughters whom he likes to give? Can he write a WILL for this property?

    Thanks in advance.

    • Dear San,
      May I know if this property is an Ancestral one?

      ” 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.”

      (Or) Is this self-acquired one by your grandpa?

  • Our whole property is raised by my father grandfather. Later it passed to my grandfather and from him to my father, uncle and aunt(unmarried). And step grandmother. Do I have right to claim share in my aunt share. Does this property is ancestral property.

    • Dear Ravinder,
      “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.”

      She can WILL her share in the property if she wishes to, if she does not have any other legal heirs.

      “I believe that ancestral properties can not be WILLed selectively, ignoring few legal heirs, as each one of the legal heir has the right to get a share in the property.”

  • Dear Sir,
    My father and mother died in 1992 without any will or dividing the property, my father had four sons, five daughters all the daughters were married before 1996, all our brother divided our fathers property and our self acquired property among brothers only in 1999( In the partition deed we have not mentioned our sisters name and our sisters have not signed the partition deed, only we four brothees divided and registered the partition deed) and made a partition deed and registered the deed, now can all the daughters challenge that partition deed and get a share in the property(we are hindus).

  • There is an ancestral property in the name of my grandfather. My grandfather have six sons. My grandfather and my father is dead.Do I have the share in that property ?

  • Mother and brother gift father land to elder brother and registration complete after ten brother again demand his share

  • My self purchased a ancestral land of my grand father by sale seed in 2020.My grand father had got that land from her mother in 2006 after her death. So my question is whether my grand father’s sister and my father’s sister claim that land. I got the ROR of that land.

    • Dear Mr Patel,
      I am unable to understand the first sentence – “My self purchased a ancestral land of my grand father by sale seed in 2020.” Could you kindly re-phrase it??

  • The Father of my great grandfather had some inherited lands in his name. My great grandfather inherited a portion of this land as his share by a partition deed. Then my grand inherited a portion of the land as his share by a partition deed. After that my father inherited a portion of the land as his share by a partition deed. Now my father, who is alive, wants to give the entire inherited property which is in his name to his two sons only. He does not want to give any share to his two daughters. Does my father has the right to make a WILL in favor of his sons? Do the two daughters have any right to claim from my father’s inherited property?

  • Dear MR Reddy,
    Need your advice.
    My Grand Father has 2 sons and 5 daughters. My Grand Father during his time purchased 10 acres of land in years 1956. and in the Year 1976 he divided 10 acres in three parts and transferred to two sons and one daughter. Since 1976 all land records are changed to two sons and one daughter.

    in the Year 1986 My grandfather expired. Now in the year 2020 another daughter filed a petition in the court for asking her share in the father property. She married in the year 1962.

    Please advise

  • Hi sir..U have mentioned in Ur article that daughter’s can’t claim share in the ancestral property if their father died before 2005.., but in my case , my father died in 2002 and we got partitioned in 2009., In this case does daughter’s claim again?

    • Dear Raju,
      Fortunately or unfortunately anything can be challenged in court of law..
      If you have executed a partition/settlement document then all the parties have to abide by it.
      But, anyone can approach the court (again) and challenge it.
      Suggest you to consult a civil lawyer..

  • Hello sir..my father died in 2002 and I’m the only son to my father, we got separated in 2009 , my elder sister and brother only done partition , gave equal share to me and to my mother., Now they are planning to take my mother’s property..What to do ?

  • Dear Mr. Reddy,
    My father and my uncle inherited farmland as ancestral property after my grandfather’s death in 1974. The said property has been in the family for about 8 generations before me. Their names were probably added after providing succession certificates and the mutation was done. Today both of them own about 2 hectares each individually and about 4 hectares is in joint name. Can I claim any part of the property which is in my father’s name? Or has the property now been divided and hence, I do not have a claim? Kindly elaborate on the division of property point.
    Thank you.
    Dev

    • Dear Dev,
      Has the ancestral property been divided?

      “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.”

  • Sir my grandfather(father’s father) had 4 acre of coparcenary land which he got from his father, my grandfather passed away in 1996 and names of my aunt my father and Grandmother were added on the property in 2000 but partition didn’t happen, and Hindu succession act ammendment came in year 2005, i want to ask if we do partition in 2020 then will my aunt gets equal share as my father and how much share she will get.

    • Dear Priyansh,
      May I know what do you mean by – were added on the property?
      Where were the names added? – Is it in any WILL? Patta/Khatha/Mutation? or any family settlement deed??

  • Dear Reddy sir,
    My father are five brothers and they divide the land on plane paper with witnesses also.three brothers were died and two witnesses out of four are died. Now one son of died uncle is not accepting this letter and asking divide of land again. I want to know is our letter is valid for aquaring our land without uncle son consent.

  • Dear Sreekanth,

    I request you to give legal advice on Will dispute. I am sharing the details of case. Please have a look into it and kindly share view on the same.

    A property – plot no 709 has been acquired by “A” and his 3 brothers B, C, and D jointly in 1976.

    “A” has 2 sons X and Y.

    A’s son X has expired in 2000 leaving behind wife Z and 100% handicap son Z1.

    In 2019, “A” died and left Will. “A” stated that he said his brothers B, C and D were jointly doing fruits business on partnership basis in Will. Further, “A” stated that through income of joint business, he and his 3 brothers B, C and D acquired plot no. 709.

    “A” further claimed that plot no. 709 was self acquired by him and his 3 brothers B, C and D. “A” added that plot no 709 is not ancestral property and he has absolute right to dispose said jointly acquired property’s 25% undivided share as per his wish.

    In his Will, “A” expressed his desire to transfer his undivided 1/4 share in jointly acquired property to his son Y ignoring Z and Z1, wife and son of X respectively.

    Note: Y’s lawyer has not presented partnership deed for joint business of “A” and his 3 brothers.

    Requesting Answers to below Questions:
    1. Can plot no. 709 treated as joint family property and not as self acquired?

    2. Can Z and Z1 (wife and son of X) ask for share in plot no 709 by citing the said property as joint family property?

    3. If answers to Q.1 and Q.2 are YES, which act will be applicable in this case.

    • Dear Sourabh,
      1 – It is not an ancestral property if acquired by their own sources of income. Yes, can be treated as a joint family property.
      2 – Even from humanity view point, Z & Z1 should get thier share in the property. But, I dont think they have 100% rights to claim it, as this is not an ancestral one and also A has clearly mentioned his desire in the WILL clearly.
      3 – Suggest them to consult a civil lawyer (we are not legal experts, can only provide suggestions here!).

  • Dear Sir,
    My grand father owns a place (where I am staying currently) and he wrote deed on my grandmothers name but both my grandparents are dead and have not distributed the property.

    My father and my uncle (elder than my father). We have decided to sell the place my dad is staying at this place since his birth but my uncle left this place 30 years back and owns his own place. Basically my question is what will be the share of my father and uncle at this place. Is it divided equally or at some other ratio?
    PS: My uncle and my father are the only legal heirs.

  • Dear sir,
    My grand father brought land 1940 and and he rote deed on his wife name and my father and my big father name in 1960,

    My question is weather my father can sale the land without my consent or my consent should be there or not ,?

  • Sir my grand father died 5 years back. My father is the only son to him. My grand mother and grand father got separated 20 years back. While separating they divided the property in to 2. One for my father and other for him where he lived with his brother.His brother now telling that his brother has given the property to him The property which he got from the ancestral property.did my father and I grand children has the right to have that property….

    • Dear Chandu,
      Once the property division takes place, it cant be considered as an ancestral one.
      So, I believe that your grand-father can Gift/Will the property as per his choice.
      Did you grand-father Gift it to his brother?

      • No sir he died and his signs are different from the bank and the signature which is in will. My grand fathers brother also said That he will give our property to us in front of village members at the time when my grand father died. Now he is yelling that the property is ours can I have a chance to get that property

  • My Paternal Grandfather had 4 Brothers.His most elder brother registered all property on his name at that time all brothers was staying in joint family.But when family divide they also divided all property in equal portions. But now his all brothers are died and he has no son.Can he able to transfer all his property on my name.He is using all got property form past 50 years. Legally he can give the property to anyone

  • Hello Dear reddy
    Question about ancestor property , My grand father has 3 sons including my father , grandfather expired in 1980
    Partions has done through village officer in form No 12 as rights change sheet signed by village officer ,
    Now second uncle’s son going to ask land through court why because their land has taken by my father through on basis of Rights change copy signed by village officer and
    During partition 2nd uncle got two sites with some amount as compensation
    My question is this valid partition procedure ?
    Can u suggest me

  • Hello Dear Reddy
    we are three brother and my big brother want to leave ancestral property. is there any agreement is required? if it is yes. then what is the process and law.

  • Hi Sreekanth Sir,

    we have a Ancestral Property and my grandfather was died on 2016, My grandfather have 3 sons and 1 daughter and her marriage happen in 1993 or 1994, so my question is that can she get the equal share or some percentage of the property please suggest me.

    • Dear Satish,
      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.

      You may also kindly consult a civil lawyer..

  • Hello Sir,

    My grandfather died in year 1994 leaving a will in name of two elder son. my grandfather had two wife. Now the property is in the name of one elder who is son of first wife and another elder who is son of my grandmother. Now I want to know that this property I guess it might be self acquired property.if yes?? could my father get it partition in land as after my grandfather death,all brother(total 3 brother more in partition excluding two elder) had made partition agreement in stamp paper. Please suggest what my father has to do for claiming it or else to prevent it to get transferred this property in name of other.please suggest

    • Dear SONU,
      If the property is a self-acquired one by your Grandfather and if he has left a WILL to only two sons then they only have the right in the property.
      The other legal heirs may not have any claim on the property.

      You may kindly consult a civil lawyer in this regard..

  • Hello Sir,

    My great grand father migrated from Rajasthan to Maharashtra in 1925. He had 1 house & agriculture land, which was given to his nephew to take care. in 2008 post my grand fathers death his cousin sold that land to some one with fake documents.

    Is there any possibility we can claim on that property?
    Any one from my family has hardly visited that place. If that property is sold to some one who is local leader then what actions to take.

    We may also not have proper documents of that property.

  • Hello Srikanth, I’m going through some property issues right now. We have a property that has been passed on to us from our ancestors. We have been farming in that land from past 20 years and we are paying the taxes too. The land is in the name of my father, his brother and other two people (my gear grand father’s niece). Now the problem is that they are playing around the things when asked to sign so that property can be ours completely. Is there any other ways we can get it done to our name instead of begging them to sign the document? It’s been years they are playing around. I have to find an alternative to get that done. Could you please help me with this?

  • We are planning to buy a house but the property is in the name of deceased mother and his son wants to sale now.what precautions/documents we should ask before buying? please advise

  • My grand mother died in 1986. she had 2 sons & 2 daughter 1 daughter expired in the year 2016 (married but no issues). In the year 2018 remaining 3 children’s are taken their share through partition deed. My question is my father has 2 daughters and he is decided to make his share as gift deed to his second daughter. whether he can do gift deed or release deed?

  • Hello Sir,
    Kindly provide your comment on my case.Details as below

    We are hindu family.
    My grandfather had some land on his name when he died in 2008.
    My father and his four sisters now has there name on 7/12 as heirs.
    My qunstion is is fathers sister (My anunts)have legal rigght on this property?

    If yes.in case my aunt dies in future.Who will
    Own there share in proporty.

  • Dear sir
    My father has a agricultural land of 7 acres which they got from my grand father .my grand father has 3 sons including my father my father alone got a 7 acres my father has 2 sons including me now they want make all 7 acre land in my name is it possible or my brother has the right to ask that property

  • My grand father (maternal) died 1960. he had a 1 son & 1 daughter His son also died 1996. My mother Also died 2000.can Son WILL it to anyone as per his wish.without our permission.can i claim this property,

    • Dear Parvez,
      Is this 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.”

  • Sir,
    My grandfather dies before 60 and one daughter dies before 1990 my father,uncle and two aunt still alive. Partition happen between my father and uncle in 1997. In 2007 my uncle give share to aunt (dies before 1990) son and one another sister and written on own name by one sister and one sister son. Another sister who is not written alway threaten my that she is sale my properties otherwise give me money. What can I do.

  • 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??

  • Hi

    My grandfather purchased land in 1970s. After his death transferred to my grandmother. Later 2 sons got it partitions in 1990s.

    Basically my dad got property from my grandmother. Now my dad is having 5 kids.
    Will all 5 kids should get share or will my dad have rights to WILL it to anyone?

  • 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 Ashish,
      Is your Sister claiming her share in the Ancestral property or in the second property?
      Was your father the sole legal heir to inherit the ancestral property?
      Does your Father’s WILL say that only Sons have a share in the property?

      • She is claiming on all the properties she knows.
        Yes, The fathers WILL say soo. Legally he was the 5th partner in our firm and he settled the accounts, retired from the firm and gave up his share to remaining partners.

        • Dear Ashsih,
          “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.”

          In Indian, anything and everything can be challenged legally. I believe that your sister may be just trying her luck. Advisable to settle the differences amicably. Else, suggest you to kindly consult a civil lawyer and only the court of law can settle this issue.

  • Dear Sreekanth,

    Thanks for providing your valuable guidance thro this site.

    I am a NRI. I have purchased two houses in my wife’s name. She is a house wife with no income. I have rented these properties.

    a. Now during income tax filing, these purchases and rental income to be shown in my IT filing or my wife’s IT filing? If filing in wife’s name, how to show the income for the purchase?

    b. I have remitted 4 lakhs NRI amount to my wife’s saving account and invested in MF in her name. Now she got IT notice for this transaction. How to file the IT for this?

    Thanks & Best Regards,
    Madhavan

    • Dear Madhavan,
      a – The rental income from these properties has to be declared in your Spouse’s Income Tax Return.
      Kindly take help of a CA regarding – how to show the income for the purchase?

      b – Kindly consult a CA.

  • 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 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

  • 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?

  • 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 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.

  • 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.

  • 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

      • Sir,
        Any suprime court judgement supporting your statement. Kindly give the citation.

        Thanking You.

            • 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 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।

  • 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.

  • 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

  • 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

  • My father is alive. Can he transfer our ancestral property to my name before his death.

  • 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?

  • 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 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.

  • 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 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,

  • 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 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

  • 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.

  • 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.

      • Hi Srinath,

        My self and my sister divided my father property on mutually after his demise.while splitting our property we have mentioned that we will go in the usual path,but we didn’t mention where it is located geographically.The usual path was in my sister land only,what if they stop us by stating that path was in her land.

  • 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.

  • 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

  • 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)

  • 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.

  • 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 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.

  • 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

  • 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.

  • 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?

      • 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?

  • Is there any difference between ancestral property and HUF property? Please elaborate.

  • 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

  • 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

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