Hi Sir, My Grandfather is having 2 sons and 2 daughters and all got married. My grand father got property from his ancestors (my grandfather's father shared the property with my grandfather's brothers) and also my grandfather bought a separate house which is not part of ancestors. Now we(my dad and dad's brother) trying to sell the property,but my 2 aunties are coming for a share. Is it illegal to sell the property without my aunites interest or share.? Now, Who are having rights on my grandfather's ancestors property and self property.? Is the property grandfather acquired from his ancestors comes under his self property and aunties need a share? If my grandfather dies, can my aunties get a share? And if my grandfather writes a will only for one aunt , is it legal, can we fight for share?
1)on grand father demise both sons and daughters have equal share in his self acquired property
2) grand father can execute will wherein he bequeaths self acquired property only to his one daughter
3) as far as ancestral property is concerned daughters would have share in ancestral property if father and daughter both were alive in 2005 when Hindu Succession amendment act came into force
1. Your aunties too have an equal share in the property of your grandfather, at par with the share of your father. On the demise of your grandfather his properties i.e self acquired and separate will devolve through intestate succession i.e if he does not make a will, on all his children equally.
2. During his lifetime he is free to exclude his daughters and give his properties to his sons only.
3. The property inherited by your grandfather from his forefathers may be ancestral or separate, depending on the lineage. So consult a lawyer with the complete chain of property,
which of the two property you are trying to sell?
If your grandfather is alive as on date, your father's 2 sister will have a share in this self-acquired property in case your grandfather dies intestate, i.e., when he dies without executing a will.
As regards to the ancestral property, to answer your query it is important to know when did the succession open as regards to it?
none of your father and aunt have the right to claim over the self acquire property.. Till he is living he can sell the property or can transfer to any perticular person he wants.. 2) as per ancestrol property your aunt have a legal share in the property and selling of such land will require their consent
1. Your aunts have equal share in the sef acquired proeprty ofyour grand father along with their brothers.
2. They have also equal share in the ancestralproeprty of your grad father if he dies after 2005.
3.The proeprty inherited by your grand father form his father is his ancestral proeprty.
4.Your grand father can leave a Will in favour of his daughters in respect of his self acquired property.
No it is not legal to sell it without the consent of other legal heirs.
If the grandfather has died without a will then it will be divided as per the law of succession and otherwise as per will. In the ancestral property daughter will also have the right.
your aunties will get a due share, if he writes a will for his self acquired property then it is very difficult to challenge it and win it.
regards
The property inherited by a partition by your grandfather becomes his own property.
During his lifetime nobody has any rights in it.
If it is intestate property then all his legal heirs have equal rights in all the properties left behind.
1) for ancestors property, what lineage is required and what are the scenarios for each lineage.? 2) can grandfather write a will saying, Both ancestors and self property will be for aunt. Can we fight for our share.? 3) can grandfather sell the entire both self and acquired for his own or giving to others without telling duaghters ? Is it valid, if he sells for his own , can someone question him? 4) can grandfather write a unequal share in ancestors property? Or it should be same for all? 5) during marriage of aunties dowry was given, can we fight for that? 6) can he write a will for ancestors property?
property which has remained undivided for 4 generations is ancestral property
2) grand father can execute will bequeathing self acquired property to your aunt
3) he can bequeath his share in ancestral property to aunt
4) grand father can only sell his self acquired property without consent of his son or daughter
5) he can his share in ancestral property
6) even if dowry was given aunt would have share in father property