Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: distribution of ancestral property  (Read 193 times)

0 Members and 1 Guest are viewing this topic.

Offline ranee

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
distribution of ancestral property
« on: January 08, 2018, 09:11:14 AM »
hi
This query is regarding distribution of ancestral property in Gujrat, India.
My parents (both deceased - passed away in 2014) and they have a property in Gujarat.
My parents have 6 siblings.(2 sons 4 daughters)
There is no will to my knowledge.

i would like to know how we can register our names on the property (Hindu sucession Act) states that all siblings have a right to share)

The siblings do not have mutual understanding amongst the brothers and the sisters have to  find their own way of getting their share.
All siblings live away from India.
What is the process of protecting our share of the property ? And how do we start the process of getting the names on the property and what documents are needed for this process .

I would very much appreciate a reply .
Thank you

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 687
  • Karma: +20/-17
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: distribution of ancestral property
« Reply #1 on: January 09, 2018, 11:16:26 PM »
Dear Sir,

You can enter into family partition deed and get the same registered giving equal share to everyone. If that is not possible and there is no cooperation then you may file a suit for partition.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

  • Veteran at Law
  • *****
  • Posts: 173
  • Karma: +2/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: distribution of ancestral property
« Reply #2 on: February 04, 2018, 08:26:32 AM »
Dear Sir,
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 ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be 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 acures 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.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2017
Get Free legal Advice here from top notch lawyers in India