• Father's share in ancestral property after partition/family settlement by an award

My father got his share from his grand father having 3 sons & 3 daughters and my three married sister don't wish to claim in division of ancestral property and as such, partition was done between my father and his three sons by an arbitration award made Rule of the Court i.e. Decree.
And now my father died in 2006 and before his death, he given a registered will in favour of her wife i.e. my Mother. Now Question arises here:
1. Whether the father's share will considered as an ancestral property or Self occupied property as property was divided by earlier generations also.
2. Whether my mother can register her name in the Land record or can do mutation in her own name..
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Hello sir,even if the property is considered to be a self accquired property ,it will be inherited by all the legal heirs as per Hindu sucession act...your mother can get it mutated in her name by obtaining sucession certificate from court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

It would be considered as his self acquired property

2) property which has remained undivided for four generations is ancestral property

3) as per father will mother would be absolute owner of property and can apply for mutation of property in her name

4) advisable to apply for probate of will

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Your father's share in the property will be considered as his self acquired property.

2. Your mother can register her name in the land records by mutating her name provided you and all your siblings give NOC or relinquish their rights over the property by executing a Release/Relinquishment Deed in your mother's favour.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

1. It shall be considered as self acquired property.

2.yes mother based on registered will can do mutation of property in her name

File an application of mutation with death certificate of father and will along with family id card and mother id card and affidavit

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Ancestral property is defined as the property title of which has not been interrupted for 4 generations i.e. from great grandfather to great grandchildren by registration of any deed of conveyance or will or Court order. So, in the instant case, it is not an ancestral property.

2. Your mother can mutate her name as the title holder of the said property in all the records of rights.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Since the property was partitioned earlier and he got a share out of the partition, the property loses its ancestral character therewith.

Therefore it becomes your father's own and absolute property.

2. As per will the property was bequeathed in your mother's favor, so she is entitled to acquire the same and get it mutated on her name in the revenue records enforcing the Will.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. The share of property falling to your father on partition will be treated as self acquired property of your father. So your father during his lifetime can bequeath his property by way of Will .

2. So your mother can get the share of property of your father in her exclusive name on the basis of the Will and his other children can not claim any share in it and hence she can mutate her name in respect of the said property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Your question: 1. Whether the father's share will considered as an ancestral property or Self occupied property as property was divided by earlier generations ?

Answer: Once the property is divided the shares are distributed and father has received his share of the property.

Your question: 2. Whether my mother can register her name in the Land record or can do mutation in her own name.

Answer: Yes your mother becomes the owner of your father's share of the property which was already divided. Therefore, when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it (in your case your mother).

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firstly, the nature of such property is anscestral as any property received by any male senior member is termed as anscestral property for his further generation as you are in the present case.

Secondly, there will be a partition again out of the share which your father got, then the share which you would be getting and your father that portion of your father may be by his own wish give to wife by way of will.

Thirdly, and as I said to determine the share of your father as he died now, one notional portion for him and another one for you if you are the single son.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

The property may be named as ancestral as it was received from grandfather. As per will, your mother can get her name recorded and do the mutation.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

1. Whether the father's share will considered as an ancestral property or Self occupied property as property was divided by earlier generations also.

Ans: Since the property already devolved upon the sons and father by way of Court decree so the father cannot write a Will in respect of properties belonging to sons. However he may executed Will in respect of property fallen to his share which is his self acquired property and it lost character of ancestral property.

2. Whether my mother can register her name in the Land record or can do mutation in her own name..

Ans: Your mother is entitled for the portion of property fallen to the share of your father as per Court decree. In true legal meaning the entire property cannot be considered as ancestral property. Please see the following.

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What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

On partition, property has lost its ancestral status and had become father`s personal property.

On the basis of WILL,mutation is record is permissible and perfect.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It depends the property is self acquittal or ancestral on the Division and entering of the property in pool or self acquired Property. If the said property is entered in pool of self acquired Property of your dad it will not be ancestral. Yes your mother can do the same

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

1) Your father's share will be treated as his individual share ans he has full rights to whom so ever he wish to give or donate or gift it.

2) Yes, of course your mother can register her name on record books after your father.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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