• Ancestral property

We have a property in Kerala. A small house and the total plot area surrounding is 65 cents land. We have been paying tax for this 65 cents every year. 

This 65 cents total land is the land purchased in total by my Great Grand father and the land papers available with us are 62 years old.

After Great Grand father, my grand father died, grand mother died in 2011, my father died 2016, my father had a brother who also died in early age and one sister which got married and she had one child (My cousin) which got married and settled and now is my mom and we 2 children looking after this property. 

Apart from this 65 cents land's we had one more piece of land 1 acre and 18 cents which was sold almost 10-12 years back and all amount was transferred to Grand mothers bank account as Fixed deposit all done by my Father. Later Grand mother changed the nominee in bank account from father to my cousin (my father's sisters daughter) and grand mother died in the year 2011 and all the amount got transferred to my cousin. 

Now we have this 65 cents land and my father before dying has written a will that after his death this 65 cent land and property will be shared only by my wife and children . 

Since the land papers are 62 years old, however the Will was prepared approx 3 years back before my father died. So is there any share that could be claimed by my Cousin who already got the money from sale of that 1 acre 18 cent plot. 

Please give an appropriate reply so that I could move into a conclusion whether division or sale of this property. 

Thanks n Regards, 

Abhishek Aditya
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

1) your cousin would have equal share in ancestral property

2) father could at most have bequeathed only his share of land to you

3) your cousin ha snot executed any relinquishment deed to relinquish her share in property in lieu of money received by her from grand mother

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Sir the sister of your father will have equal share in the property not the sisters son, you and your mother will have fathers share and half of the share will be of sister. She can claim same by filing partition suit further after her death if she doesn't claim her son can claim.

Further are there any children or wife of other brother??

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it. However will shall be executed after the death of the testator and if the coparcener before acquiring a share makes a will than that will be illegal. Share in ancestral property will be inherited by coparceners. So he can make a will to his share in ancestral property.As whatever he acquires is his share now and he can dispose his assets according to his wishes.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. it appears that both the properties are ancestral

2. an ancestral property is owned by the coparcenors who are the father, sons and daughters (after amendment of 2005 in Hindu Succession Act)

3. the sale proceeds received on sale of the 1acre plot ideally should have been distributed equally among all the coparcenors

4. however for convenience the proceeds were locked in a FD in grandmother' name who appointed a nominee to whom the entire money got transferred after demise of GM

5. in that sale proceeds even you and your sibling have a share

6. assuming your grandfather died prior to 2005 - his daughter cannot claim any share in ancestral property and consequently your cousin too cannot claim any right

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Client,

First of all, nominee has no right but only to receive benefits in her hand than it will distribute acc. to inheritance law.

Your father share in FD was 50% which now will distribute in you and your mother. You can claim it.

After grand father death, all property would have inherited by 1/4th each - 2 sons, sister and mother.

After second son death, his share in your grand mother.

Hence, grand mother 1/2 + 1/4 + 1/4th.

After grand mother death her share, in your father and sister.

Cousin have 50% claim in property which shall be adjusted towards FDs amount. .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In this property your father's sister (if living) has a right for an equal share at par with your father.

If she is not living then her legal heirs shall inherit her share.

Your father cannot bequeath the entire property by a Will in his children' favor.

Hos will can be restricted to his share of property alone.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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