• Ancestral property

My father has 8 acre ancestor property and one 500 square metre plot.In 8 acre 4 acre in the name of my
Mother and 4 acre and 500 sq metre plot in name of
My father.my father willed all  his property to me.and
My mother willed all property to my brother.after father death 4 acre land and plot transferred to me.my mother alive. Now my brother demanding half share of 500 sq ft plot.my questions is can legally he can take half portion
Asked 1 year ago in Property Law from Hissar, Haryana
Religion: Hindu
1) what basis you say it is ancestral property ?

2)  how did property devolve on your father? 

3) it is not ancestral property merely because it was your grand father property which devolved on your father 

4) if it is self acquired property your father could make will in your favour 

5) your brother has no share In said property 

6) apply for probate of father will 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
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A. How did you come to a conclusion regarding the nature of property is ancestral?

B. In case, property is ancestral, your father cannot execute a will in favor any person. All class I legal heirs of your father will get an equal share over the property. However, property is self acquired property, then only your father can execute a will and property shall be disposed in accordance with the will.

C. Contact a local lawyer to get expeditious solution .
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. If the 8 acre property is ancestral then how it is possible that 4 acres of it is in your mother's name? In your father's ancestral property your mother has no share unless the property is divided. 

2. In accordance with the will of your father you get the 4 acre land and also 500 sq.mt plot, which has been transferred in your name. Your brother has no share in the property which your father willed to you. 

3. The only legal recourse available to your brother is to challenge the will of his father in the court.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
Hello,
1) Ancestral property is property that has been handed down four generations, undivided. Therefore when you say that the property belonged to your father and mother it is confusing.

2) If the property is truly ancestral all the heirs have equal rights and so the brother can legitimately claim right in the property and demand partition.

3) In proportion as you both have received 4 acres each from the entire property his demand for partition of 500 sq.ft. odds legitimate.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
The property you are stating here is not ancestral property since half is in your mother name and half is in your father name. Such property cannot be ancestral in nature. The mother could not have got any share in the property until and unless division took place. Since the property is devolved on your through a Will,  then the brother cannot claim any share in the property after the demise of your father. Your brother can only challenge the Will made by your father.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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Your father cannot will the ancestral property as all family members has share in it as coparcener. The will has to be probated, it appears that the will has not been probated as court would have rejected your claim. The will of mother will only take effect after her death. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi, your father can not make a will in respect of ancestral property, he can make a will to an extent of his share and not more than that.

2. So better you, your mother and brother entered into a deed of  partition so that all of you can share the property equally.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1.Your father owned 4 acres of land and 500 Sq.Mtr plot which he has bequeathed to you by executing a will,

2.Apply for the grant of probate from the Court to get a legal seal on the said probate,

3. After the probate is granted, you will be the absolute owner of the said  4 acres of land and 500 Sq.Mtr plot.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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