Our ancestral property is in my grand mother name upto now she didnt distubuted the property to their two sons. and my father is second one . Recently my father died with health problem and now she want to sell the property is their any right to my mother or any chance of involvement like signatures to my mother .and we didn't get any partitions.
Dear Madam, If it is coming from four generations then it will be called ancestral property an your father or yourself must be fourth generation to claim the property. Other wise it will be considered either as self acquired property or sthreedaana of your grand mother . Then you can do any thing. =========================================== What does the grandparent's property law in India state? Does the grandson own the right to the property? All property's owned by a Hindu person devolves onto his class one legal heir's. Now to the specific scenario's in ur example (for sake of convenience I'm presuming your grandfather has only one legal heir) Senario1: The property is self acquired by your Grandfather, in such case upon his demise intestate (without a will) the property would devolve upon ur Father and not you. In case your father passes away before your grandfather then in such case it would devolve upon you, your mother and ur siblings equally. Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1. Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1. Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property. To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acquires at birth unlike other laws of inheritance where right arises upon the death of the the owner. Hope this brings some clarity to your question and your sense of entitlements. Meaning of ancestral property in India-An ancestral property means a propertywhich is devolved upon heirs by the 3 generations above them; father, father's fatheror father's fathers' father. ... That means when a coparcener acquires his share inancestral property than he can make a will to that share and bequest it. Meaning of ancestral property in India-An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father’s father or father’s fathers’ father. It passes to the next three generations.
If the joint family property is not abolished in your State, your grandmother is holding only as a nominee. Better, contact your nearest Court's Free Legal Aid office, apply and get free legal aid Advocate. With his help, your mother to apply for Partition, to determine her rights. Later you can also file partition suit.
Dear Client, According to the Hindu Succession Act, your grandmother owns the ancestor’s property and has the right to sale it without partition. After the death of your father, your mother as the widow has the rights of maintenance and right to reside in the property but it does not mean that she has the rights to ownership or sale of the property, her signatures are not required for the sale of the property. But still she can claim a partition of the ancestral property so that she can also get rights for herself as well as for you being as coparcener along with your uncle. As per the amendment of 2005 daughter also has equal rights to claim the ancestral property. In order to formally begin the partition process, you should seek the assistance of a legal practitioner that would guarantee the equitable distribution of the share amongst all the coparceners and safeguard your mother’s share of the property. Hope this answer help you.
Hello! Considering the primary fact that the property is ancestral, therefore, your mother including you have the right to the said property. Your mother can seek partition before the court of law and can claim her share in the said property in addition to an injunction if your grandmother tries to dispose of the property to a third party.
Your mother has full rights over the property as your father which is 50% of the share. However if your grandmother sells it without your knowledge then you can file a partition and injunction suit
