• Will for ancestral property

My grandfather received his share of ancestral property through family division/partition 40 years back, he died 4 months ago leaving a will in the name of my father, does my aunts(father's sister) have any right for claim on ancestral property? will the property received by my grandfather after family division be considered as ancestral property? what is ancestral property then?
Asked 5 years ago in Property Law
Religion: Hindu

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21 Answers

Yes, all legal heirs has equal share in the ancestral property, so your grand father's share can WILL and not for whole property on behalf of all shareholders.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

First of all please be aware that every will which is made for ancestral property can be challenged and it is invalid to make will for ancestral property . All the legal hairs have automatic ownership of that property until that is transferred to their name and in case the property is being disposed before then the no objection certificate from all the legal heirs is required so in this case all the legal heirs of your grandfather have right to challeng this will.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Property which has remained undivided for four generations is ancestral property 

 

2) it is not ancestral property 

 

3) grand father can bequeath property to your father by will 

 

4) your aunt has no share in property 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Hello,

  1. No, the aunts cannot stake a claim on the property bequeathed by your grandfather to your father as it already lost its quality of being ancestral property when it was partitioned and your grandfather received his share in the ancestral property.
  2. One of the ingredients of an ancestral property is that it must be handed down 4 generations undivided.
  3. Property inherited up to four generations of male lineage, which means father, grandfather, great grandfather and great-great grandfather is called ancestral property. It should have remained undivided till the fourth generation upwards. Any property divided through a partition deed, family arrangement etc. loses its ancestral character. 

     

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. Property which is atleast Four generations old is classified as "Ancestral Property".

2. IF Ancestral Property is duly Partitioned via a Partition Deed or Partition Suit, THEN such property becomes "Self Acquired" at the hands of recipient of property and then such property will loses its status of "ancestral property" AND cannot be claimed by other legal heirs, including Father's Sister's.

3. By virtue of Grandfather's WILL, Father becomes the absolute Title-Owner of such "Self Acquired" property (earlier ancestral property) and ONLY he can Sell /Gift /Transfer /WILL /Donate /Mortgage /whatever.... to anybody without any legal reference or NOC from any of this legal heirs.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

IF Ancestral Property is duly Partitioned via a Partition Deed or Partition Suit, THEN such property becomes "Self Acquired" at the hands of recipient of property and then such property will loses its status of "ancestral property" 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello,

  1. As stated in my earlier reply, it has lost its character as ancestral property with the partition that took place 40 years ago and it has assumed the character of self-acquired property.
  2. By the mandate of the Will, your father is the absolute owner with no rights accruing to any one and he is at total entitlement. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- Since, your grandfather had received his share from his ancestral property , then after receiving the same , now it become his self acquired property . 

- Further , being the self acquired property , your grandfather was having his right to transfer the same to anyone as per his own wish. 

- Hence, as he died after leaving a WILL in your fathers name , then this WILL cannot be challenge by your aunts legally , and they have no right to claim over the said property . 

- If aunts creating problem , then your father will have apply for getting Probate this WILL from the district judge court. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Ancestral property means property which is coming from last four generationsd definitely the property will be divided among the legal heirs in-between but the nature of the property will not change and that will remain be the ancestral property any will for this property will always be contestable.

 

Please remember to rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It is not ancestral property 

 

property which has remained undivided for four generations is ancestral property 

 

in present case partition of property  has taken place 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If it is legally divided already then it will not be an ancestral property. It should be divided through gift deed, partition deed or decree of court etc

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

On the birth the of forth generation, property received through partition resumes ancestral status in the hand of receiver.

You are 4th generation. Avoid all claims and Secure the title under WILL. Let sister`s challenge it. Legally they have share in the property and WILL is valid to limitation extant.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Definitely Ancestral Property. 

If you are able to show and prove by documentary evidence that property under question was bought by your grand father and he paid out of his pocket then WILL is valid otherwise NO.

It is Ancestral Property. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

After partition the share of property your grandfather inherited shall become his own and absolute property. 

Therefore your grandfather need not take consent or permission from his other children to alienate or sell or to transfer his property to anyone of his choice. 

Thus your father's other siblings cannot challenge this Will nor they can claim any share in the property as right because it is no more an ancestral property after it was partitioned during your grandfather's lifetime. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Your understanding is absolutely right. 

This property is not an ancestral property for the reasons you have stated in your subsequent post. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If the WILL was registered than your father's sister don't have any right over the property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Once the division/ ancestral property partition happens, it becomes the self-acquired property and not ancestral property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

it's self acquired not ancestral. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It is an ancestral property as your grandfather received it via partition. But he wrote a will and hence the property goes to your father.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The property was partitioned but still if there was no will then the sisters have a share if there is a will then not.


The property was partitioned but still if there was no will then the sisters have a share if there is a will then not.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No aunts cannot claim any share from property which is transferred to your father through will of your grandfather.

2. The property lose it's ancestral status after partition.

3. The property which is not partitioned or transfer to legal heirs from last three generations is ancestral property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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