• Share in ancestral property got through will

My father get his property from his father through a registered will. Now he made a settlement deed to his son. My father has 3 children i.e 2 daughters and one son. I'm Latha elder daughter and now can we both daughters claim share in that property?
Asked 2 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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16 Answers

1) If it's ancestral property than your father doesn't have to transfer your share to son as settlement deed. However he can transfer his share to son. You both daughters have your shares in the ancestral property.

Ganesh Kadam
Advocate, Pune
10646 Answers
93 Consultations

4.9 on 5.0

If your father inherited the property by means of a Will, it became his absolute and exclusive one, and he could deal with it in any manner he wishes. The settlement made in favour of your brother cannot be questioned.

Swaminathan Neelakantan
Advocate, Coimbatore
702 Answers
7 Consultations

4.9 on 5.0

Daughters have no share inpropetty inherited by their father

2) father can execute settlement deed in favour of son

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

No since the property is not ancestral same is given to him by valid instrument of gift it shall be as good as self acquired and he has all the authority to dispose same vied the settlement deed.

Shubham Jhajharia
Advocate, Ahmedabad
25176 Answers
103 Consultations

5.0 on 5.0

Dear Client,

You can claim your share in his fathers property.

Jaswant Singh
Advocate, Gurugram
671 Answers
2 Consultations

4.8 on 5.0

1. If your father has bequeathed the said property legally through the will which has been duly probated, then he will be considered as the title holder of the said property.

2. So, it will now be within his right to deal with the said property the way he feels like for which no body including you can agitate and claim share from his said property as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
24411 Answers
680 Consultations

5.0 on 5.0

in case of ancestral property, right accrues in favor the person who takes birth, vested interest is automatically created in favor of such person, in your case of your father has given the ancestral property in the hands of your brother then without your consent it is wrong at the end of your father. post year 2005, females are entitled to the same right as that of male.

Devendra Singh
Advocate, Mumbai
29 Answers

4.3 on 5.0

This is my response to you:

1. Share in ancestral property cannot be given to one individual;

2. No one coparcener has a full claim on the property;

3. Firstly send a legal notice;

4. If your father does not partition the property equally then file a suit of Partition;

5. You will have to take measure in court, and also obtain stay order and injunction order.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
4 Consultations

5.0 on 5.0

No, you can't stake a claim in this property.

Your father was free to transfer this property exclusively to your brother.

Vibhanshu Srivastava
Advocate, New Delhi
9048 Answers
165 Consultations

5.0 on 5.0

Yes you can claim your share in the ansestral property equal to you brother. Move an appeal to stay the partition in the civil court to get stay order on settlement.

Vimlesh Prasad Mishra
Advocate, Lucknow
6627 Answers
23 Consultations

4.9 on 5.0

1. The property that a Hindu male inherits through a will from his father becomes his separate property which is at par with self acquired property. Hence, your father was at liberty to alienate or transfer his property to anyone during his lifetime.

2. You have no locus to challenge the transfer.

Ashish Davessar
Advocate, Jaipur
29804 Answers
855 Consultations

5.0 on 5.0

Hello,

Date on which the transfer was made?

Date of death of your father?

Whether it was the self acquired property of your grandfather?

Kindly elaborate the aforementioned points for a concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

1. Typically No. BUT Fathers will can be challenged by claiming that Will maker was mentally unfit and other grounds.

2. Property mentioned, cannot be termed as ancestral property, unless it belongs to the family for atleast four generations, which has to be proved via proper documentary evidences.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4937 Answers
24 Consultations

5.0 on 5.0

1. The property received through Will is considered to be the self acquired property of father.

2. If that is so then he can deal with the property in any manner he likes and there is no legal constraint in it.

3. in other words if your father has settled the property in the name of his son, you daughters can do nothing.

Devajyoti Barman
Advocate, Kolkata
20711 Answers
294 Consultations

5.0 on 5.0

It`s his personal property and can be dispense acc. to his wish.

Yogendra Singh Rajawat
Advocate, Jaipur
20023 Answers
28 Consultations

4.5 on 5.0

The share of property got by your father from is father is not ancestral property.

It shall become his own and absolute property.

Your father is the right person to decide bout the disposal of the property in any manner as per his will and wish.

Neither you nor your sister can challenge or agitate over your father's transfer of property to your brother by executing a registered settlement deed.

You have no rights in the property hence legally you cannot claim any share in it.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

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