Estate planning queries: How to get your share in ancestral property

My father died in 1995. My brother and mother, who is scared of him, have sold my share of ancestral property. How can I get my share?— Vanya Kapoor
It is not clear whether the ancestral property is divided or not. If your share has been sold from the ancestral property or undivided ancestral property without taking your prior consent, you can claim it through legal action. If the ancestral property is divided, you can file a title suit against the registry of the deed by virtue of which your share was sold out. If the ancestral property is undivided, you can file a suit to claim your share in consideration received from the sale of property and also a stay application for preventing your brother from selling more. You can also consider filing a partition suit for rest of the undivided ancestral property.

I live with my husband in Delhi. My father lived in Kolkata and died intestate. In 1993, I had accompanied my husband overseas. On the request of my older brother in Kolkata, I had executed a general power of attorney regarding my share of property. After return from overseas, I have been asking for my share, but he does not want to give it. One of the two properties has already been sold. Is it possible for me to get my share? — Waheeda Singh
Subject to the power given by you to the attorney holder by way of execution of power of attorney, you can take the following action. Revoke the power of attorney so that the attorney holder can’t continue selling the property. Assuming that the power of attorney includes the sale of property, you can file a suit under the Specific Relief Act, 1963, to claim a share in consideration of the amount received from the sale of this property. You can also file a case against your brother for criminal breach of trust for the sold property.

I am a divorcee with a son. I work outside India and don’t have any financial support from my ex-partner. My father has a business in partnership with my brothers. He says that the commercial property is shared among sons and father and that I don’t have any rights. My father also has a self-acquired house, which is going to be sold. He says the sons will get a higher share of the sale proceeds and I will get a lesser share because I might settle abroad. This is not true as I will return to India. How can I get my share of the property? — Vindhya Sharma
If your father dies intestate, being a legal heir, you have the right to claim your share from your father’s partnership firm subject to anything contrary agreed upon in the partnership deed executed, and provided your father has not bequeathed or transferred his share to anyone. A person is free to distribute his selfacquired property in any manner as per his own discretion. If he dies intestate, the legal heir can claim an equal share in the property of the deceased.

(All the queries are answered by Raj Lakhotia Founder, Dilsewill)