• Ancestral property rights and concepts

Dear Sir,
I would like to know below situation property treated as Ancestral property and own property to my father.
1. In 1976 my grandfather and his brother has done partition. My grand father got 10 acre as his share from partition. My grand father died in 2008 and all 10 acres is in my fathers name now.
2. My father (76 yrs) is the only son to my grandfather and we are 3 sons and 1 daughter to my father.
So, now my question is as below.
1. Is 10 acre of property which is in my father name is ancestral property to us or own property to my father.
2. Can my father can make will to a any single son or it has to be divided to 5 shares (3 sons+1 daughter+parents)
3. My father do want to give share to 2 sons (Govt employee)and 1 daughter as they are not taking care parents and giving lot of issues/troubles in there old ages
Asked 14 days ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

1. The property received through partition is considered to be self acquired property of your grandfather but when your father receives it the same comes as ancestral property.

2. therefore this property is liable for equal division among all his children and share of anyone can not be frustrated by him through Will or other means.

3. He can not help. Law takes its own course. 

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

It is not ancestral property 

 

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

 

3) father is at liberty to execute will bequeathing property to one son or more if he pleases 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Father can execute will bequeathing property to one son 

 

2) will should be attested by 2 witnesses 

 

3) reasons should be mentioned for bequeathing property to one son only 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Will executed by grand father would be valid 

 

2) I presume will is attested by 2 witnesses 

 

3) apply for probate of will

 

4) probate is judicial proof that will is genuine 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Will is not valid and it can be challenged and her due share can be claimed by filing a suit for partition . 

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

1. There's ambiguity in your query. As per your narration, you say that 10 acre land is in your father's name. However in the last query you say that your grandfather had bequeathed the entire property to his 3 grandsons' only and not given any share to your sister.

2. Your grandfather's WILL be valid only under the following conditions:-

    (a) It has to be your grandfather's last WILL.

    (b) There has to be 2 independent witnesses's signature attested in the WILL.

    (c)  At the time of executing the WILL, your grandfather had to be of sound mental health and there should not have been any threat, force, coercion to him by anyone.

    If all the above conditions are met at the time of execution of WILL by your grandfather, then your grandfather's WILL is still valid, as of date.

Shashidhar S. Sastry
Advocate, Bangalore
3347 Answers
190 Consultations

5.0 on 5.0

Dear Querist

As there is a Will of your Grand Father, that Will is still valid and the property should be devolved as per his Will and your grandfather made a Will to his 3 grandsons then they will be the real owner of the property of your grandfather and not any other person.

 

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5888 Answers
279 Consultations

4.9 on 5.0

1.  The property that was inherited by your grandfather after a partition among his own siblings can be termed as his own  and absolute property.

Subsequently when the said properties were inherited by his only legal heir i.e., your father, he becomes an absolute owner of the property inherited, hence it would not come under the definition of ancestral proeprty.

 

2. Since it becomes your father's own and absolute property, he is the authority over this proeprty thereby he can dispose or transfer this property in any manner and to anyone of his choice in the manner he may decide.

He can transfer the property  by a testamentary disposition to anyone of his choice, there is n compulsion on him to transfer the proeprty to all his children, he can even ignore all the children and transfer the properties to any charitable trust also, his authority over the properties cannot be questioned or challenged. 

 

3. Your father's decision cannot be challenged, it is up to him. 

If your father is aggrieved over the ill treatment meted out by his children, he can very well decide not to allot any share to the children who have not taken care of him or ill treated him.

There is no grievance caused by your father  to any children in his  decision to not to allot any share in the property to the children who had not taken care of him or paid any amount towards his maintenance  or expenses including medical expenses at his this age for his chronic ailments. 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Your father can transfer the properties now lying on his name to the chosen person (child) which cannot be challenged by other children.

To avoid future litigation, instead of writing a Will bequeathing his properties, he can execute a registered settlement deed in favor of his chosen child with a condition of retaining lifetime interests in the properties and the same would be automatically vest in the name of the chosen beneficiary, after his lifetime.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Your information from one post to another is misleading hence you may not be able to get a proper guidance or opinion to your actual problems.

You are coming out with the latest details only in the latest post.

If your grandfather had bequeathed the properties in the name of his grandson then even your father do not have any rights in the properties. 

The beneficiaries of the Will, i.e., the three grandsons can arrange to acquire the properties by enforcing the Will left behind by your grandfather.

The beneficiaries of the Will can apply for grant of probate of Will even now.

an application for probate of will, cause of action accrues from the date when hindrance is put to legatee in the management of property bequeathed by will and not immediately after the death of propounder of will.

will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death 

 under Article 137 of Limitation Act, the period of limitation is three years from the date and the said period begins to run when the right to apply accrues.

In a judgment by Supreme Court in Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463 it was held that an application for probate of will is for the court’s permission to perform a legal duty created by a will and is a continuous right which can be exercised any time after the death of deceased, as long as the right to do so survives.

 

Therefore the beneficiaries of the Will can seek probate of Will even at this stage to acquire the properties bequeathed in the Will.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Hey, 

1. the 10 acres of land is ancestral property as it is passed from your grandfather to your father. 

2. Ancestral property will be passed on to you, your brothers and daughter. Your father can only make a will if it is his self acquired property, which in this case is not. Also, whose parents?

3. As right over ancestral property is acquired by birth, the share of the property cannot be denied to anyone. 

 

If you found this helpful, visit us at 

Anik Miu
Advocate, Bangalore
184 Answers
1 Consultation

5.0 on 5.0

1. it is your father's own property which he inherited from his father [your GF]. So he can make a Will in favour of any person of his choice. In case there is no Will then that property will devolve as per intestate succession

2. your grandfather's Will is still valid provided it is duly proved in Court 

Yusuf Rampurawala
Advocate, Mumbai
5916 Answers
43 Consultations

5.0 on 5.0

- Since , that property was received by your father by way of partition , then after getting the same it will consider his  self acquired property , and he was having his right to transfer the said property to anyone as per his own wish. 

- Further , as your father is only legal heirs , then the said property would be devolved upon him . 

- Further , being the owner of self acquired property , your father can transfer entire land to anyone as per his wish , and none having right to claim over the same during his life time. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

If it's a legal partition through an agreement then the property transferred will be self acquired in hands of the receiver otherwise it will be ancestral

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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