I am a woman from sikh family.My grandfather purchased 60 acres land. It was devided between my father and his brother 30 acres each. My father did a will in his lifetime giving it to two of my brothers 15 acres each. My father expired 7 yrs ago.Nothing was given to me. One lawyer told me that i can file a suit asking for 1/3rd of property of my father. As per him my father could not do this WILL as the property was not originally purchased by him. He got it from my grandfather as inherited ancestral property.In such case i have share in property even if it is not mentioned in my father's will. Should i go ahead and file such a suit? Manjit Kaur
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1.If your father for the proeprty from his father on his death then it is ancestral proeprty.
2.However since it was later partitioned between him and his bother it loses the character of ancestral proeprty.
3.So since your father died later than 2005, you can claim share in property of father.
4.So file a suit for partition to claim your 1/3 share.
1) property inherited by father from your grandfather is not ancestral property
2) your father could bequeath the property to his 2 sons by will
3) you have no share in said property
Dear Manjit
This property is not ancestral property because the ancestral property is a Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner, hence you have no right over the property and if you filed any suit for partition then you will not get succeed.
try to settled the matter amicably with your brothers if they are ready to give you some share then get it otherwise not.
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1. The property was not an ancestral property at all. It is the inherited property of your father. Legal definition of ancestral property is different.
2. If title of a property flows for 4 generations with out any interruption by any deed like gift/settlement/sale deed etc. or will i.e. from great grandfather to great grandchildren, then the said property is called ancestral property.
3. So, the said property is not an ancestral property for you and your father was the sole owner of the said 30 acres of land which he was entitled to deal with in any way he liked.
4. It is out of your legal right to challenge the will executed by your father in connection with his said property unless you accuse that your father was unduly influenced or coerced in to executing the said will or that he was not in his right frame of mind due to old age when he had executed the said will depriving you.
As per him my father could not do this WILL as the property was not originally purchased by him. He got it from my grandfather as inherited ancestral property.In such case i have share in property even if it is not mentioned in my father's will.
Should i go ahead and file such a suit?
You have stated that your father distributed the property equally to our two brothers by making a will and it has come into force after his death. Accordingly your brothers have acquired the property and are in enjoyment of the same without any interruption.
Your father had marketable title hence he could bequeath the property to his sons as per his desire.
Though this property was acquired as his share out of the property that belonged to your grandfather, it ws given to him by partition or his share from his father's property, thus it becomes your father's own and absolute property, hence he had full rights to dispose it in the manner of his desire and to the persons of his choice. This legal authority cannot be questioned by anyone.
Moreover grandfather's property canot be termed as ancestral property.
Thus, your advocate has thoroughly misguided you with incorrect information and wrong position of law.
You may ignore his advise and discard the idea of filing a partition or any other suit because with the given facts, they are not maintainable and it would be a mere wast of time, energy and money.
1. The land was originally purchased by your grandfather who during his lifetime divided it between his sons. The share which your father got after the partition was his separate property which he could make a bequest of in the same manner as in case of his self acquired property. Since he has made a bequest in favour of your two brothers you can impeach it now only on two grounds i.e either the land was ancestral in your hands as on the date on which your father made the will, or that the will was not made by him with his free consent.
2. A perusal of the original title deed, partition deed and will alone will reveal the true picture.
Thanks for your wonderful input. Slight twist! (after reading papers once more). The land was originally purchased on the name of THE FATHER OF MY GRANDFATHER. That is my great grandfather.It was in pakistan in 1914. We have copy of the papers showing this purchase. It was then passed on to my grandfather undivided.Then divided equally between my father and his brother through a Will. My father further divided land between my brothers and gave the daughter(myself) nothing. The will was made by my father in 1997. It is a registered will. My father expired in 2007. Our lawyer says that. - There are few judgements which say such a property (as described above) is treated as ancestral whereas few judgements say it is Not Ancestral.( both ways). - he says since my father expired after 2005, daughter has a right as well. Plz advise . Now should i file a suit or not?? Thanks in advance
1) property which has remained undivided for four generations is ancestral property
2) in present case it was bequeathed by grandfather by will to your father and uncle
3) it would be your father self acquired property and he could bequeath it by will
4) you would not have share in said property
5) don't file suit . Litigation is long drawn and expensive proposition
1. The said property has been severally partitioned and the title did not continue to stand in the name of your great grandfather.
2. So, it is not the ancestral property as regards you are concerned.
3. Legally you have no right on the said property.
4. Filing of suit claiming share of the said property may not yield favourable result for you.
If you are in the world when he registered the Will then you can get your share from that property because you are 4th generation of the absolute owner if that property hence your father has no right to execute the will without your consent.
He has right to execute the Will only for his share not not for another.
Feel Free to Call
In the given situation it can be understood that the property in your father's possession was his absolute property and cannot be classified into ancestral category.
Though your grandfather purchased property in his father's name, after the death of his father the property was distributed to your father and his brother by your grandfather equally through a will. The property lost its ancestral character after it was distributed or partitioned.
Thus your father became the absolute owner of the share of property he inherited.
Therefore he had full rights marketable title to transfer his properties to the persons of his choice i.e., to the three sons alone as per his desire.
This authority cannot be questioned by law hence I am afraid that you are not entitled to any share in this property and any effort to seek any share through legal process may prove futile, rest you can decide on the basis of different advises received by you.
1. Since the division took place between your father and his brothers the land cannot be termed ancestral. Your father was at liberty to bequeath his share at his whims and fancies by excluding you. The right of an owner to discriminate among his heirs at the time of making a bequest is indefeasible.
2. Your lawyer is right though that there are judgments on both sides.