Community › Forums › Legal Advice India › Father not giving property inherited from his father to me (son). Help.
- This topic has 8 replies, 6 voices, and was last updated 1 year, 2 months ago by
Luckypanda2667.
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SSilentwolf8878
PARTICIPANT
April 23, 2025 at 11:27 pmHi everyone,Really need your help (if you think I have a share, please support it with a link or cite the law you’re relying upon.)
My grandfather purchased the land in 1970 and he and my grandmother died intestate. My father and my uncle got an equal share in the land but now my father is threatening to not leave the property to me. We are Hindus and we have never had any HUF in place. Can my father threaten to not leave his half of the property to me? I feel it is very unfair that the property was technically not his (it was purchased by my grandfather) and yet after receiving his share of the land, my father suddenly feels very powerful and threatens me every time that he won’t leave the property to me upon his death. He does this every time I tell him to behave appropriately with my mother.
I have read that after the 1956 HSA, all property inherited by an individual from his parent becomes his self acquired property and he doesn’t need to share it with his children and can will it to whoever he wants. So right now I’m thinking I have no share in my grandfather’s property. But I’m asking all of you here because I have come across Reddit posts where people have said that as soon as the grandfather dies, the property is shared equally with all children and grandchildren. But this is contradictory to the HSA 1956.
Please let me know and cite the links or laws that you are relying upon. Thank you so much.
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QQuickbro1532
PARTICIPANT
April 23, 2025 at 11:34 pmBro, focus on career. You can buy own properties. He is not obligated to give you a share until he is alive. -
SSaratseeker418
PARTICIPANT
April 24, 2025 at 1:03 amIt is not ancestral property and he can give it to whomsoever he wants.-
LLuckypanda2667
PARTICIPANT
April 24, 2025 at 1:43 amIt is ancestral since it is not father’s self-acquired property, right?-
SSaratseeker418
PARTICIPANT
April 24, 2025 at 2:03 amIt needs four generations.Ancestral property refers to property that is inherited from previous generations without division of shares over a long period of time. As per Hindu law, for a property to qualify as ancestral:
It must have remained undivided for four generations from the paternal side. This would cover the owner’s father, grandfather, great-grandfather and great-great grandfather.
The heirs in the succeeding four generations must have inherited this property by birth without any division or partition of shares.
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SSaratseeker418
PARTICIPANT
April 24, 2025 at 2:24 amIt needs four generations.Ancestral property refers to property that is inherited from previous generations without division of shares over a long period of time. As per Hindu law, for a property to qualify as ancestral:
It must have remained undivided for four generations from the paternal side. This would cover the owner’s father, grandfather, great-grandfather and great-great grandfather.
The heirs in the succeeding four generations must have inherited this property by birth without any division or partition of shares.
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LLuckypanda2667
PARTICIPANT
April 24, 2025 at 2:28 amOh man, that’s a lot of conditions
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UUrvidude828
PARTICIPANT
April 24, 2025 at 4:47 amHe may sell the property, then what will you do? Focus on creating your own assets. Also it’s morbid that you plan on b what do with your supposed inheritance -
LLavanyabro181
PARTICIPANT
April 24, 2025 at 5:24 amYour father is correct. He can give it to anyone he likes. It’s considered self acquired.
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