Yes. You do have a hereditary right on the ancestral property
Dear sir, Iam a married woman, my father inherited a property from my grandfather. Do I have a right in it.
Not in his life time.
Is this intestate inheritance (GF to father) or testamentary succession (WILL). Do you have any child ?
You don’t have any share in property inherited by your father during your father life time
2) on his demise intestate you would be one of the legal heirs
Hello,
It was selfaquired property by my grandfather. Which was then paased on to my father and uncle.
Dear ma'am,
It looks like the property was self acquired property of your grandfather. If yes, then you do not have any right as long as your father is alive. It is you father's absolute property right now and he can deal with the way he wants to.
However, if he passes away intestate (without making a will), then you will get a share in that property.
Hope this helps.
Best wishes.
1. Property inherited from Grand Father does not classify as "ancestral property" in any way. Here property received by father from his father, shall be legally classified as "self acquired property".
2. Property must be atleast Four generations old to be classified as ancestral property.
3. While Father being alive, Children have no inherent right /stake /claim over Father's property.
4. IF Father dies without preparing WILL, THEN all his residual legal heirs (Wife, Children) shall have EQUAL stake /right /claim on deceased Father's property, irrespective of whether daughter is married or not married.
Yes you do have the right in the same. But the same will accrued after the death of your father and in the case if he passes away without the will
See you have no right on property in life of father in case of intestate demise of father I.e. without will and property is not transferred in life of father you may than claim your share.
Hello,
If your father is still alive or has died after 2005 then in the wake of amendments made in Hindu Succession Act the daughters have been given equal rights or share in the ancestral property as well along with sons.
In other words you have share in the property as well.
Yes, you have right in grand father's property but when he it is for purpose of sell and partition. If its house then whom s ever have possession you can't ask them to vacant or partition it.
Your grandfather's property is not ancestral property.
Your father has inherited his rightful share out of his father's property.
This means he is the absolute owner of his share of property inherited from his father's property, it becomes his own and absolute property with clear and marketable title on his name alone.
Neither you nor anyone can claim any share out of your father's share in that property, at least not during his lifetime.
Your father and his siblings have duly partitioned the property of their father who is reported to have died intestate.
Thus each of the shareholder shall be considered as an absolute owner in respect of their share in that property and nobody can claim any share in that property as a right, at least not during their lifetime.
You have right of equal share in Ancestral Property being carried by your father from his father but No automatic right of transfer unless self acquired property has been bequeathed away by the testator as per Indian Succession Act.
Please state mode of transfer of self acquired property by your grandfather to your Father and Uncle.
I would definitely recommend solution and advice you for further action.
I am unable to understand how your father and uncle acquired the self acquired property of your grandfather specifically mode of transfer.
- As per law, the grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive.
- Hence during the life time of your father , you cannot claim any right .
- However, as per Supreme Court, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e. an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.
Dear Madam,
In your father’s hand it is considered as self acquired property. If he dies intestate that is without Will then you can claim it. Or during his life time get Gift deed or Will from him. After his death it will be devolved as follows.
Section 8 in The Hindu Succession Act, 1956
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are
sons,
daughters,
widows,
mothers,
sons of a pre-deceased son,
widows of a pre-deceased son,
son of a pre-deceased sons of a predeceased son, and
widows of a pre-deceased son of a predeceased son.
1. The self acquired property of your grandfather in your father's and uncle's hands are considered as separate property having the characteristic of self acquired property.
2. You will have equal rights over the property, on par with your brothers, if your father dies intestate ( without executing a WILL ).
if the property of your father is his self acquired/inherited property, then you cannot ask for any share..
1. The property inherited by a man becomes his separate property which is at par with his self acquired property.
2. During your father's lifetime you have no share in his property. He is free to alienate/bequeath it to anyone he desires.