• Ancestral property

My maternal grandfather has only four daughters. He received 16 acre of land as share in 1964 after distribution of assets amongst his four brothers. Entire 16 acre land is ancestral property. My maternal grandfather was the Karta of the HUF & during the time period of 1964 to2013 he sold out 6 acre of the land for various family requirements like daughter’s marriage, his wife & his own treatment and home construction & renovation. Out of the 6 acres he registered 9 katha to his eldest daughter, 10 katha to the 2nd daughter & 21 katha to the 3rd daughters siblings X & Y. My mother  who was the 3rd sibling took over as the caretaker of the family after she got married in 1974.since then she was the only daughter taking care of her parents and was even residing there with her husband & three kids. My maternal grandmother died in 2004 and in November 2003 after the sudden death of my mother, my father & sister then took care of my maternal grandfather & his property as there was no one to take care of him.
Hence according to the Hindu Succession Act, 1956 daughters can even get equal shares in father’s property without any will or testament. Hence my maternal grandfather decided to distribute his assets amongst his daughter to their requirement. So now he wants give Approx 5 acre land to the children of his 3rd daughter late Meena jha with an explanation that she with her family was the only child who took care of him and none of the other daughter turned up when required. A Hindu father or any other managing member has the power to make a gift of immovable property within reasonable limits for pious purpose only. So my maternal grandfather wants to know what are the more effective document i.e. Will, Registry on any other documentation. All other three daughters financially very sound.
But now the 4th daughter filed a partition suit for her share in father property Nov 2012. She also files for Stay for not sell/ will further any property Feb 2013. But still no stay is granted by the court. Other elder daughter’s are also pressurizing not to do the same i.e. going more shares to the 3rd daughter beneficiary.
Asked 3 years ago in Property Law from New Delhi, Delhi
Has the court set any date of hearing for the stay sought by the 4th daughter? If no stay order has yet been issued by the court then your maternal grand father may make a will and give the property to the children of his 3rd daughter if he is the owner of the property.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
you have stated that your maternal grandfather is karta of HUF . the entire property is ancestral . he cannot bequeath 5 acres of ancestral property by will in favour of one daughter only. by will your maternal grand father can bequeath his share in ancestral property alone .
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
Has the ancestral land been divided inter se between the legal heirs? The legal aspect can be culled out only after the documents of title are perused in a threadbare manner. A lot hinges on the rights enshrined in the record of rights held with the registrar.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
maternal grand father can bequeath his share of property by will .
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
A Karta can sell  the joint family property as long as such sale is for the benefit of the family and not tainted with malafide.
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
Your maternal grand father can sell 4 acres for the benefit of the family, and for no other reason.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
No he cannot do so.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
no your maternal grand father cannot will or gift 4 acres of land in favour of one daughter alone
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
He cannot do that as transferring this property is beyond his competence.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
we have already replied to your query in detail . maternal grand father can bequeath his share of ancestral property by will . for further queries contact your local lawyer
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
as karta he can sell land for benefit of  family  and sale is not tainted with malafide  . transaction should be at prevalent market price
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
He can sell it only and only if the benefit of family necessitates the sale. The sale should be at the price prevalent in the market. It cannot be a throwaway sale.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Yes.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
yes he can will his share to his grand son if he so desires
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
consult a local lawyer .if he has 10 acres of land he would have 1/5th share in the property
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
it is your case that 6 acres were soldby your grand father  for various family requirements like daughters marriage , wife treatment , etc . his share  would be 2 acres .
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
Your maternal grand father' share in the property is 2 acres as 5 acres out of 15 acres has already been sold by him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
you have already raised number of queries on this issue . we have advised you at length . now you should consult a local lawyer and get will drafted by him . no ready made format would do ..
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0

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