You have rights on the properties and the will in this case as the property is ancestral will not prevail. This is the reason that the mutation is pending.
Please file a civil suit to transfer the title of properties in your name.
Ancestral property - right to will by widow
Hello, I have one question regarding Hindu Succession Law. My mother was the only child to her parents and my maternal grandmother passed away when my mother was too young. My maternal grandfather married again but there was no issue from second marriage. My maternal grandfather died intestate in 1940 leaving behind one daughter (i.e. my mother, from his first wife) and his second wife. After his death, his ancestral property (more than four generations) was transferred to his widow (i.e. my second maternal grandmother). I was born in 1943 and my mother also passed away in 1945. My maternal grandmother died in 1994 and one distant relative from her parental side claims that he has got a WILL in his name. I am not sure about this WILL as my maternal grandmother never expressed any such desire during her lifetime. My maternal grandfather was also only child to his parents and sons & grandsons of his father’s brother were taking care of his agricultural land (In Punjab) and still have the land in their possession. The mutation of the land is not done in the name of WILL owner and still pending. I would like to know my legal position and does my maternal grandmother had any right to WILL ancestral land received after the death of her husband. Please give your valuable advice. Thanks Ranbir Singh
Asked 8 years ago in Property Law
Religion: Hindu
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10 Answers
Yes she has a right in the ancestral property.
As per S.10 of the Hindu Succession Law, it is your second GM along with your M are entitled to your GF's property. However, your mother was not in possession during her lifetime as per your query. Your 2nd GM was in possession and someone claiming through her without valid title will not have legal effect. As per S.15 of the act, after your 2nd GM, it is the heirs of her husband who are entitled to the share. As per S.16, rule 1, those in one entry shall be preferred to those in succeeding entry. In that case, you are entitled to your GF's property.
Dear Sir,
Ancestral Property cannot be willed out in its entirety. The bequeather can bequeath only the portion/share for which she/he is entitled for. Thus you can file a suit for partition, declaration and cancellation of Will so that you can get your share in the said property.
1) Yes, she means grandmother has full rights in her husband's property.
2) You also have rights in ancestral property.
3) Please check the WILL is registered or not with registrar and yes your grandmother has rights to make of her share WILL, but you have to check whether WILL is valid or not.
4) your first grandmother and second grandmother had equal share that is 50%-50%. This if we assume the WILL is valid than also your mother's share in 50% property in this way your share is 50% if you don't have any siblings.
5) You can make claim on property with proper mutation documents in your favour.
Please note your maternal grand Mother has no right to make a will if it's your grandfather ancestral property. Unless it is given to your grand Mother name by way of some document. If she has received property from her ancestors it becomes her self acquired property and she can dispose off as she likes
Dear Cleint,
On MGF death, his share devolved in his 2nd wife and daughter, hence lost status of ancestral property.
So, daughter share will devolve in u and as the property is succeeded from in laws side so, after her death ( child less), her share will devolve in laws legal heirs.
Even if there`s any valid WILL, she can only bequeath 1/2 share of property inherited from her husband rest 1/2 is of ur mother.
Hello,
the ancestral property can not be willed.
Also note that you do not have any right on the said property and you can not claim any share being the son of the daughter.
Regards
If this ancestral property was partition and a share thereof (your MGF's share) devolved upon her(MGM) pursuant to this partition, this(the share that came to her) became her self-acquired property.
She was free to bequeath this(share of) property under a will in the said case.
On the basis of legally wedded wife of your grandfather your step maternal grandmother acquires rights of inheritance of her deceased husband's property.
Since your mother died in the year 1945, i.e., well before the Hindu Succession act, 1956 came into force, she has no rights in the property that belonged to her ancestors.
The claim made by the relative of your step maternal grandmother cannot be challenged by you in any manner since you do not have any interests or rights in the property.
