My grandfather had his own self earned property. My grandfather adopted my father(my father was his nephew before). He transferred his all property to my father. My father died in 1999 favouring a will to Me and My mother. My mother died in 2015 she made a will in My favour in the year 2012. Now my sister had file suit claiming this property as ancestral, she has also challenged my father's will. Question 1. Can she get a share in property? 2.my mother made a will on simple paper with two witness. All the signatures are real.will it be valid? 3.what is the real definition of ancestral property according to indian law?
1. Yes as the father and mother had made will in favour further the property purchased by grandfather is not ancestral and the sister has no right as it was transferred by grand father.
2. Yes it will be valid. File for probate of same.
3. The property is hindu joint family property that is four generation old and it has not been divided.
This isn't ancestral property. The minute your father bequeathed this property under a will, the same became his self acquired property.
The claim of your sister is misconceived.
Yes, mother's will is still valid. The onus is on your sister to disprove it.
Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter, is ancestral.
1. No she can not get the share in property, since the same is not the ancestral property.
2. Yes it will be valid.
3. Any property which remains undivided for four generation is termed as ancestral property.
Regards
1) A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.
2)There is no specified format in which a will is to be made. It could be drawn up on a plain sheet of paper and handwritten by the testator. As per section 74 of the Indian Succession Act, 1925
3) A Property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is 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.
No, it is not ancestral. Your sister has no concept of what an ancestral property is. She has no share in the property seeing as it was willed to your father, then to you and your mother and finally to you. At each step of the way, it continued to be self-acquired property of the individuals concerned.
The concept of ancestral property has gone a drastic shift post 1956 with the enactment of the Hindu Succession Act. An ancestral property is only that property that has remained with the male line of a family through inheritance for at least the past four generations—son, father, grandfather and great-grandfather. The moment there is a partition, it ceases to be ancestral property. On death of a coparcener, for example, there is an automatic partition and the share of the deceased coparcener devolves upon their heirs as self-acquired property. Self-acquired property can become ancestral property by way of blending or (where there is no pre-existing HUF) by creation of an HUF and transfer of that property to that HUF.
The long and short of it is that property inherited through a will is not ancestral property.
Further queries are welcome. Have a nice day!
Sister has no share in property
2) inherited property is not ancestral property
3) will of mother duly attested by 2 witnesses bequeathing you her share in property is valid
4) property which has remained undivided for four generations is ancestral property
In your case it is not ancestral property
Apply for probate of will of decased mother
1. Since the property was self acquired of your grandfather it did not attain ancestral character in the hands of his grandchildren. For a property to attain ancestral character under Hindu Law it has to remain undivided for four generations.
2. A will can be drawn even on a plain paper. It has to have two attesting witnesses. If the will has also been disputed by your sister then it has to be proven through the testimony of attesting witnesses.
3. Contest the case fittingly as your sister has no share in view of the wills of your father and mother.
1. Ancestral Property literally means Property belonging back to the 4th generations onwards.
2. Here Grandfather has "Self-Acquired" properties with his own funds. This means that such property CANNOT be classified as "ancestral property".
3. Simple paper Will by Mother is valid enough for all legal purposes PROVIDED it is attested by two witnesses. Once Father's property has been mutated based on the will, Sister will not be successful in her claims on Fathers property, in any manner.
Keep Smiling .... Hemant Agarwal
As you said your grand father transfered his property to your father. If it was transfered by any way other than succession then it becomes self earned property of your father and he has every right to give it to anyone he wishes through his will. So your sister cannot claim her share in property.
But if the property was transfered to your father's name because he was the only successor of property and your grand father dies intestate then your sister can claim her share as your father got it as ancestral property.
Any written document is valid but if your sister challenges the validity then that two witnesses needs to give their statement for it being valid.
No share, neither property is ancestral but your personal property.
If the will is challenged then he may obtain probate of will through court of law.
This is not ancestral property.
The property has been disposed by testamentary disposition hence there's no question of making any claim operating law of intestate succession.
No suit in this regard is maintainable.
Thank you all for your valuable opinions. I would like to disclose the transfer of property from my grand father to my father is by registered will.(i didn't mentioned clearly before) I consult local lawyers they told its ancestral, Is there any apex court judgements or ruling so that I can show it to them.
It is not ancestral property
2) property which has been bequeathed to your father by will would not be ancestral property
See Uttam vs Saubhag Singh & Ors, decided by the Apex Court on 2 March, 2016.
As I told you, it is not an ancestral property going by its description. Please understand an ancestral property cannot be bequeathed by a will; only a self-acquired property can. Likewise, any property that is inherited through a will or a gift deed is a self-acquired property in the hands of the legatee (in this case your father).
So the people who are advising you are—for a lack of better words—not very bright. I will send you a ruling here as soon as I find time.
Have a nice day!
Here are some judgements on this aspect of law:
Uttam Vs. Saubhag Singh and Others (AIR 2016 SC 1169 : 2016 (4) SCC 68
Commissioner of Wealth Tax, Kanpur and Others Vs. Chander Sen and others (AIR 1986 SCC 1753 : 1986 (3) SCC 567
Yudhishter v. Ashok Kumar Yudhishter v. Ashok Kumar, 1987 1 SCC 204, SCC at pp. 210-11
Please note this is the law on ancestral properties in general, but it should be enough to bring home the narrowness of the whole concept of ancestral properties post 1956.
It`s not ancestral but father`s personal property by virtue of WILL.
If your grandfather had clear and marketable title to the property prior to his death then his registered will can be considered as valid.
Thus by enforcing the registered will your father being the beneficiary to the bequest made therein shall become the absolute owner of the proeprty with marketable title, therefore there is no question of this property becoming ancestral in nature.
Sir the property is clearly self acquired as purchased by the grand father and later on it was disposed by will so in no circumstance the property is ancestral, it can be ancestral only in condition grandfather purchased it by selling ancestral property.
https://www.indianbarassociation.org/concepts-of-ancestral-property/