Ancestal Property issue.

Question

► Hi Team, Hope this email finds you well! The issue is with ancestal property of my grandmother she owns a 20 cents of commercial land and twenty acres of agricultural land and a housing property and everything is divided between my father and his brother fifteen years back both verbally and through a contract deed(My uncle holds that we don't have it now) and not registered yet and my father take care of my grandmother in our house for more than 10 years and she is bed ridden for almost 8 years everything related to her is taken care by us including final rituals as she expired last year and now my aunts(father's sisters) sends a legal notice to my father and his brother stating that they holds equal rights in ancestral properties after 30 years of their marriage at the time of their marriage my grandfather gave them good amount of money in the form of cash(Which is more than the lands cost) but not documented as it is cash and 5 acres of land to each so we are worrying now so what would be the better option for us now. Thanks, Venkata

Answer 1

Based on the facts you've described, here's a comprehensive legal analysis of your situation:

LEGAL POSITION OF SISTERS (AUNTS) IN ANCESTRAL PROPERTY:

1. HINDU SUCCESSION ACT AMENDMENTS:
- Pre-2005: Daughters had limited rights in ancestral property
- Post-2005 Amendment (effective 9th September 2005): Daughters have EQUAL coparcenary rights as sons in Hindu Joint Family Property
- However, these rights are PROSPECTIVE, not retrospective in most cases

2. CRITICAL FACTORS IN YOUR CASE:

A. TIMING OF GRANDMOTHER'S DEATH (2024):
- Since grandmother died in 2024 (after 2005 amendment), daughters CAN claim rights in her separate/self-acquired property
- This applies ONLY if property belonged to grandmother as her separate estate

B. NATURE OF PROPERTY:
- If property was HUF (Hindu Undivided Family) ancestral property and partition occurred BEFORE grandmother's death, sisters may have limited claims
- If property was grandmother's SEPARATE/SELF-ACQUIRED property, all children (sons AND daughters) have EQUAL succession rights

C. PARTITION DEED (15 years ago):
- Unregistered partition deed between your father and uncle has LIMITED legal validity
- Oral partition is valid but difficult to prove
- Sisters were NOT party to this partition, making it potentially challengeable

3. SISTERS' LEGAL NOTICE - YOUR OPTIONS:

STRENGTHS IN YOUR DEFENSE:
1. Marriage Settlement (Streedhan): Cash given at marriage (though unregistered) + 5 acres land each
2. Long lapse of time (30 years) - can argue delay/laches
3. Care and maintenance of grandmother for 10+ years by your family
4. Conduct of final rituals

WEAKNESSES:
1. No registered partition deed
2. No written documentation of marriage settlements/gifts
3. Sisters' coparcenary rights if property was grandmother's separate estate

4. RECOMMENDED IMMEDIATE ACTIONS:

A. DOCUMENTATION:
- Collect all available evidence of:
* Oral partition agreement witnesses
* Land transfer documents (5 acres to each sister)
* Bank statements/records of expenses for grandmother's care
* Funeral expense receipts
* Any correspondence acknowledging partition

B. LEGAL RESPONSE:
- Reply to legal notice through your lawyer within 30 days
- State all facts: partition, marriage settlements, care of grandmother
- Claim doctrine of PART PERFORMANCE and ESTOPPEL
- If possible, quantify value of care provided

C. ALTERNATIVE DISPUTE RESOLUTION:
- Propose family mediation/settlement
- Offer to pay nominal amount as goodwill settlement
- Calculate: Value of 5 acres given + cash given vs. their claimed share

D. LIMITATION PERIOD:
- Succession claims: Generally 12 years from date of death
- Partition claims: 12 years from denial of rights
- They filed within 1 year of death, so limitation is NOT a bar

5. PROBABLE OUTCOME:

- Sisters CANNOT claim 50% or equal share if:
* Marriage settlements can be proved
* Partition was accepted by all parties
* They received adequate compensation

- Court will consider:
* Doctrine of FAMILY SETTLEMENT
* Sisters' acknowledgment/acceptance of past partition
* Care and maintenance provided
* Overall fairness and equity

ESTIMATED SETTLEMENT RANGE:
- If litigation proceeds, sisters may get 10-15% of current property value
- Out-of-court settlement: 5-10% would be reasonable

6. CRITICAL POINTS:

- DO NOT ignore the legal notice
- Engage property litigation specialist immediately
- Start documenting all historical transactions
- Consider ancestral property laws of your specific state (some states have specific provisions)

DISCLAIMER: This is general legal information based on Hindu Succession Act, 1956. The actual outcome depends on:
- Specific facts and evidence
- Nature of property (ancestral/self-acquired)
- State-specific laws
- Court interpretation

Consult a qualified property lawyer in your jurisdiction immediately for case-specific advice. This response does not constitute legal advice or create an attorney-client relationship.

Ancestal Property issue.

1 Answer