If you are stuck in such a situation, here is what to do.

Mr. Sameer, a resident of the city of Anandpur, found himself in a complex legal situation concerning his family’s property. His paternal grandfather, Mr. Om Prakash, had purchased a large plot of land in the 1970s. Mr. Om Prakash passed away a decade ago without leaving a will. Consequently, the property was inherited by his seven children, including Sameer’s father, Mr. Rajan Prakash. Each sibling received an equal, undivided 1/7th share. Recently, one of Mr. Rajan’s brothers executed a relinquishment deed, transferring his share to Mr. Rajan.

The confusion began when Mr. Rajan decided to sell his consolidated share of the property. Sameer consulted two different lawyers. One advised that the property was ancestral and that his father, Mr. Rajan, could not sell it without the consent of his own children (i.e., Sameer). The other lawyer stated that it was his father’s self-acquired property and he had every right to dispose of it as he saw fit. This conflicting advice left Sameer perplexed about his rights and the true nature of the property.

Advice in such cases

Understanding the distinction between ancestral and self-acquired property is crucial in Hindu law. The core issue here revolves around how the property devolved upon your father.

• A property is considered ancestral only if it has been passed down undivided through four generations of a single male lineage (from great-grandfather to grandfather to father to son).
• In this case, the property was purchased by the grandfather, making it his self-acquired property. When he died without a will (intestate), his property did not become ancestral in the hands of his sons.
• Instead, it was divided among his Class I legal heirs as per the Hindu Succession Act. The share that your father, Mr. Rajan, inherited is legally considered his own self-acquired property. He has absolute rights over it and can sell, gift, or bequeath it to anyone he chooses. His children do not acquire a right by birth in such property.
• Similarly, the share your father received through a relinquishment deed from his brother is also his self-acquired property.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

Property inheritance disputes are governed by civil laws. The primary statutes applicable here are:

• The Hindu Succession Act, 1956: Section 8 of the Act outlines the general rules of succession for males dying intestate. It specifies that property devolves first upon the heirs mentioned in Class I of the Schedule, which includes sons. The property they inherit this way is treated as their separate, self-acquired property.
• The Transfer of Property Act, 1882: This Act governs the transfer of property, including sale and relinquishment. It gives the owner of a self-acquired property the right to transfer it.
• The Registration Act, 1908: This Act mandates that documents like sale deeds and relinquishment deeds must be registered to be legally valid.
• Bharatiya Nyaya Sanhita (BNS): Criminal laws like the BNS are generally not applicable in inheritance matters. However, if there is an element of fraud, such as the creation of a forged will or deed, then provisions related to forgery and cheating under the BNS could be invoked.

If you are the complainant

If you (like Sameer) believe the property is ancestral and wish to challenge its sale by your father, you would be the plaintiff in a civil suit.

• Your primary step would be to file a suit for declaration and permanent injunction in a competent civil court to declare the property as ancestral and prevent your father from selling it.
• You would need to gather all documents that could potentially prove a long, undivided lineage of the property, though in a case like this, it would be difficult as the grandfather was the original purchaser.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you are the father (like Mr. Rajan) whose right to sell his property is being unjustly challenged by your child, you are the defendant in the suit.

• Your objective is to prove that the property is self-acquired. You would present the sale deed in your father’s (the grandfather’s) name to show he was the first owner.
• You would also present the grandfather’s death certificate and the legal heir certificate to show how the property devolved upon you under the Hindu Succession Act.
• You can defend your right to sell the property by demonstrating to the court that your children have no birthright in it.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The police have a very limited role in property inheritance disputes as these are civil in nature. They will not intervene in disagreements over ownership, partition, or the right to sell. Their involvement is restricted to situations where a cognizable criminal offense is committed. For instance, if one party forges property documents, commits criminal trespass, or if a dispute leads to violence or threats, the police can register a First Information Report (FIR) under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) and investigate the criminal act. However, they will always direct the parties to the civil court for the resolution of the underlying property dispute.

FAQs people normally have

• What is the key difference between ancestral and self-acquired property?
  Ancestral property is one that has been inherited undivided for four generations of male lineage. Self-acquired property is one that has been purchased with one’s own funds or received as a share in a division of ancestral property, or inherited from anyone other than the three immediate paternal ancestors.
• Can my father sell property he inherited from my grandfather?
  Yes. If your grandfather had self-acquired the property and your father inherited it after his death, it becomes your father’s self-acquired property. He has the absolute right to sell it.
• Do I have a right by birth in my father’s property?
  You have a right by birth only in ancestral property. You do not have a right by birth in your father’s self-acquired property, which includes property he inherited from his father (your grandfather).
• What is a relinquishment deed?
  A relinquishment deed is a legal document where a co-owner of a property formally gives up their share in favour of another co-owner. It must be signed, witnessed, and registered to be valid.

What evidence is required?

To establish the nature of the property in court, the following evidence is crucial:

• Sale Deed of the Property: The original deed showing the grandfather purchased the property is the most important evidence to prove it was his self-acquired property.
• Grandfather’s Death Certificate: To prove the date of death and initiate the succession process.
• Legal Heir Certificate / Succession Certificate: To officially establish the list of legal heirs.
• Registered Relinquishment Deed: If a share has been relinquished, the registered deed is required.
• Property Tax Receipts and Mutation Records: These documents show whose name the property is registered under in municipal records.
• Absence of a Will: A declaration or affidavit stating that a thorough search was conducted and no will was found.

How long will the investigation take?

Since this is a civil matter, there is no “investigation” in the police sense. The process is one of litigation in a civil court. A suit for declaration or partition is a lengthy process. Depending on the court’s workload, the complexity of the case, and the cooperation of the parties, such a lawsuit can take several years to be decided by the trial court. The entire process, including potential appeals to the High Court and Supreme Court, can extend for a decade or even longer.

Advocate Sudhir Rao, Supreme Court of India