• Widow daughter in law and unmarried granddaughter right in ancestral property

My Grandfather got 5Children (4Son 1dughter out of which 2 eldor sons passed away) Dada ji got both kind of properties i.e. self acquired (1 house & savings in bank) & ancestral property (land at 3 different place of a same village). I agree that he is free to do what ever he want to do with the self acquired property which I do respect. BUT what about ancestral property??? He drafted a will where he has mentioned that after him one 1 is on the name of son number 3 & grandson from his second and 2nd land is on the name of son nmbr4 & grandson from 1son. And 3land is on the name of his own daughter
 (Q1) is he free to gift thi ancestral property to his own daughter who is already married) 
Q2) The ancestral property he named on his grandson name where his both the daughter in law are alive so what is there share in that ancestral property?? 
Q3) Does The Unmarried Granddaughter don't have any right in ancestral property ?? Where nothing is given to her?? Where he(Grandfather) himself putup with Granddaughter & her mother. 

His Both the son passed away after 2005 only. Infact after 2010.

Please guide something as I don't this family to brake in dur to property but seems like all other are willing to throw us out being lack of awareness
Asked 1 month ago in Property Law
Religion: Hindu

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15 Answers

Great father has rights to make a WILL of his share of ancestral property and not other legal heirs.

 

If you provide all details of Family Tree and who purchased ancestral property in which which generation. so it will be clear that great father has rights or not to make a WILL.

Ganesh Kadam
Advocate, Pune
10215 Answers
92 Consultations

4.9 on 5.0

1. Yes he can gift the property to anyone he wishes to.

2. File the partition suit. 

 

File an application for temporary injunction. This will put a stay on the transfer of ownership of property and WILL process.

Than file a partition suit. This suit will result in legal distribution of whole property. 

 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

They will have right only to the share of her deceased husband and father. Not more than that. The 2005 amendment interpretation is clear and daughters have right by birth for the said property

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

First ensure property was ancestral in hands of your grandfather. Property should be four generation old in hands of your grandfather .

If so your grandfather can not alienate the property without consent of all coparcener. Any alienation shall be void. 

If not ancestral then your grandfather had all right  to dispose of according to his wish .

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

1. As per law, your grandfather is having his right to transfer his self acquired property to anyone as per his wish , and no one can right to claim over the same during his life time. 

- Hence, he is free to gift self acquired property to his married daughter , but having no right to gift an ancestral property . 

- Legally all the sons & daughters having equal right over the ancestral property ,and any son or grandson in the absence of his father , can claim his share during the life time of your grandfather. 

2. No, directly he cannot named in the name of grandson without taking the consent of other legal heir of deceased son . 

- The deceased sons share ie. 1/5 would be distributed amongst all the legal heirs left by the deceased. 

3. During the life time of daughter , the granddaughter will not get any share . 

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

1) kindly clarify on what basis you say it is ancestral property 

 

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

 

3) son share in ancestral property would devolve on his wife and children 

 

4) they can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

In ancestral property all have share, he can bequeath/gift only his share.

% in ancestral will decide acc. To legal heirs, like how many children, grand child, great grand child etc 

Unmarried daughte also have share.


Deceased son share will inherit in his widow and child.

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

1. The ancestral property is defined as the property title of which is flown for 4 generations i.e. from great grandfather to great grandchild without any interruption by gift/sale/partition/relinquishment deeds or will.

 

2. If the said property is an ancestral property as defined above, then his great grandson can claim share on it claiming it as ancestral property.

 

3. Otherwise it will be considered as his paternal/inherited  property and he can do whatever he wishes to with the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
24292 Answers
671 Consultations

5.0 on 5.0

1. If the property was inherited by your grandfather from his father then it cannot be termed as ancestral property.

If it is not ancestral property in the hands of your grandfather then he is at his liberty to transfer the same to anyone f his choice which nobody can restrict him nor can claim any right in it in any manner.

Therefore first confirm if it is ancestral property as pr law or your grandfather's own and absolute property before taking any legal action on it.

2. Whenever an ancestor inherits any property from any of his paternal ancestors up to 3 generations above him, then his legal heirs up to 3 generations below him would get an equal right as coparceners in that property.

If it is confirmed that the said property is ancestral in nature, then your grandfather cannot transfer the entire property to anyone of his choice, he has to divide his share of property between him and his children in equal shares and allot one such share each to his children or the legal heirs of his predeceased children.

3. If his unmarried granddaughter is one of the legal heirs of the deceased coparcener, then she is entitled to a legitimate share out of her father's share in that ancestral property.

 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

1. Ancestral Property CANNOT be Willed /Gifted /Sold to "anybody" WITHOUT conducting "Partition Proceedings", consequent to which the partitioned property can be duly sold by individual legal heir recipient of the family.

2. IF there is non-cooperation amongst the legal heirs, THEN to claim share in ancestral property, there is no other option but to file Partition Suit in the local Civil Court.

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

1. On what basis do you call the property ancestral?

2. Under Hindu law a property attains ancestral character only and only if it remains undivided for four generations.

3. One is always at liberty to alienate/bequeath his own share in the ancestral property.

4. Further, the property which is ancestral in the hands of grandfather cannot be ancestral in the hands of grandchildren. Unless you can prove that property is ancestral in your hands and you are a coparcener you cannot claim a share in it.

5. After the 2005 amendment to Hindu Succession Act, the daughter of a coparcener succeeds to the property in the same manner as son of a coparcener, but the condition is that she should be daughter of a coparcener. Son cannot claim a share in the property during the lifetime of his father unless property has become ancestral in his own hands.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

1. if the property is ancestral then he can not execute a will in this regard and that Will can be challenged. 

2. all the sons and daughters shall have equal rights in the properties.

3. as above.

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

It appears that, you are aware of the property laws from your post, but  what is the yard stick used to confirm the property as ancestral property (If it is undivided for four generations it is ancestral property).

Widow DIL has share in her husband's share, similarly, the children / unmarried daughter will have right in his father's property. 

They can issue notice seeking partition of property claiming legal heirs of said person, if no response is received.

They can file suit for partition of property by metes and bounds and for allotment of their share.

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

he can execute gift deed for his share in ancestral property. 

If the property is an ancestral property, the grandchild has equal share in the same. he/she can file a civil suit for declaration and partition along-with petition for interim relief. 

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

1. Yes he is free to distribute property on his will if property is currently owned by him.

2. Daughter in laws can claim share from property of their deceased husband as they are also legal heir.

3. She have right in ancestral property if it was not partitioned from last three generations.

 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

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