• Ancestral property

I am a lady and got married in 1985 and my father in his will has given the ansestral property to my mother and brother with a condition in the will stating after my mothers death her share will go to my other 2 sister and nothing to me. My father died on 31st October 2005. What is my standing ?
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

As per Indian Succession Act by birth each legal heirs has rights in the ancestral property. So each legal heirs rights in the property.

 

Now regarding father's WILL he can make a WILL of his share and not other legal heirs means you and your siblings.

 

If you could provide your family tree details so I can provide your property distribution and your share in it.

Ganesh Kadam
Advocate, Pune
12929 Answers
255 Consultations

4.9 on 5.0

1. Property is classified as "Ancestral Property" ONLY "IF" it is held for atleast Four generations.  Hence IF property was acquired or is in Sole name of Father, THEN it will not be classified as Ancestral Property.  You will need to check the property history document for this.

2. IF Property is in sole name of Father, THEN Father is absolutely and legally entitled to Sell /Gift /Transfer /WILL /Donate /Mortgage /whatever .... ALL his property to ANYBODY he wishes to, without any legal reference or permission of claims from his any legal heirs.


1. You have given a "User rating: Poor (2/5)" without understanding my answer, which is given from a legal perspective.

2. Apprehensively you have given a "User rating: Poor (2/5)", since my answer was TRUE and it did not favor your side.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

How did you come to the conclusion that this was an ancestral property?

Your father could have made a Will of only his undivided interest in the ancestral or HUF property and not the entire property

So assuming the property bequeathed is an ancestral property then the bequest will apply only to the extent of your father's undivided interest in the ancestral property

You continue to have an undivided interest in that property since it is not yet partitioned

However the above will not hold true if the property was a self acquired property of yout father

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

If it's an ancestral property he can't will it without consent of all the heirs. The daughter will have equal share like other heirs

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Kindly clarify on what basis you say it is ancestral property 

 

merely your father inherited your grand father self acquired property it would not be regarded as ancestral property 

he is free to bequeath it by will 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Since your father died after the amendment of the HSA cam into force on 5th September, 2005 the Will ca not take effect

Therefore you have undivided equal share in the ancestral property and if you are deprived of your share you can claim the same by filing s suit for partition and injunction.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

How do you it is ancestral property?

your grandfather's property is not ancestral property in the hands of your father.

The share of property inherited by your father from his father shall become his own and absolute property.

He can decide about transferring the same to anyone of his choice and by any manner.

Neither you nor anyone have any rights to claim a share in it as per law.

Therefore your decision to claim any share in the property thinking it as ancestral property may not be maintainable in law.

However you may produce the property papers before any local advocate and seek his advise on all such further issues.

 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1. If it were to be ancestral property, then you will have right over the ancestral property, since birth.

2. Your father's execution of the WILL in respect of Ancestral property is not legally valid and binding on you.

3. Irrespective of your father's date of death you are entitled to equal share in the ancestral property on par with your other siblings.

4.  Send a legal notice to all the concerned to get your legitimate right and if it's not resolved, file a suit in the jurisdictional and competent court for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5111 Answers
314 Consultations

5.0 on 5.0

You are not entitled for anything 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Will was effective only after his death. And before his demise, you have got the share in the property after amendment in 2005.

You have share in the property. Will become void.


Or valid upto his share.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

- As per law, 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. 

- Further as per law, a WILL is not valid , if the property is an ancestral . hence the said WILL is not valid in the eye of law. 

- Further , legally you have have equal right over the said property like other siblings , even your father died in 2005 or earlier .

- You should ask for your equal share in the property , and if refused then send them a legal notice .

- If no response, then file a Suit for Partition & Permanent Injunction for getting share and to restrained them from selling any portion of the property. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

WILL is invalid with reference to Ancestral Property of your father. 

Your father inherited property from his ancestors and being Hindu your right of share in ancestors property is confirmed as per section 6 of Hindu Succession Act 1956 and recently held by Supreme Court of India on 11th August 2020 asserting the right of daughter over the property of parents. 

You stand with equal rights at par with your sisters. 

Please challenge the WILL and apply for the partition suit for the equal share in the property of your father.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

if said property is ancestral then you can claim equal share by filing partition suit before competent court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You cannot claim any share from property of your father because you are not beneficiary as per will of your father. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The property was ancestral and hence he had no right to write a will. The property wasn't divided and hence you and other sisters have a share.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that if the property is ancestral, ask your share in that.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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