ancestral property
1 month ago
44 minutes ago
We are 4brother&1 sister.But my two brother are running timber saw mill business on our ancestral property from 3 year.Before that my father was doing same business on same property.But my father written on a stamp paper with a first class magistrate stamp that he intended to hand over his business to two brother (who are now doing so)without any register deed just 7 days before his death.But my question is whether my father deprived me on this property.can I eligible for an injunction order on that property?
A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The property of the grandfather in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The ancestral property inherited by your father and he himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving a legal heir/coparcener of his legitimate right to said ancestral property. So, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. . In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The property of the grandfather in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The ancestral property inherited by your father and he himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving a legal heir/coparcener of his legitimate right to said ancestral property. So, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. . In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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