Can brother sell ancestral property without consent of sister?
No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.
How do you divide ancestral property?
Simply stated, the rights of the stakeholders in an ancestral property are decided on a per-stripe basis and not on a per-capita basis. If Ram has two brothers, their ancestral property will first be divided into three shares. The share of each brother can then be divided among their offspring and so on.
Can sister gift ancestral property to brother?
Your sister has no right to execute any gift deed since the property is not owned by her. As per the Indian Succession Act, all the legal heirs have the right in the ancestral property. Thus, all the siblings including you have right for equal share in the property.
Can a self acquired property be partitioned?
Self-Acquired property cannot be partitioned during the existence of the person who has acquired it. The person who has acquired the property can make a Will throughout his existence as to whom he needs to give his property.
How can I get 1/3 share in ancestral property?
As far as ancestral property is concerned you have share in the said property. if you demand share by approaching the court you will get 1/3rd share in the properties. But your father can will out his 1/3rd share in the ancestral property to any body. My Grand father has 2 sons and he transferred his house property to my father name
How is property divided between brother and sister after father dies?
Division of property between brother and sister after father’s death Under Hindu Law, brother and sister are at par when it comes to the devolution of property of a father dying intestate. When a Hindu male dies intestate (without leaving a will), his property devolves upon the legal heirs as per Section 8 of the Hindu Succession Act, 1956.
Are daughters considered as coparceners in ancestral property?
After the amendment of 2005 in the Act, the daughters are considered as coparceners and have equal right in the ancestral property as a son. Marital Status: Marital Status of the daughter (sister) makes no difference.
How are the rights of stakeholders in an ancestral property decided?
Simply stated, the rights of the stakeholders in an ancestral property are decided on a per-stripe basis and not on a per-capita basis. If Ram has two brothers, their ancestral property will first be divided into three shares. The share of each brother can then be divided among their offspring and so on.