• Regarding property

Sir my mother has one sister and one brother. Brother along with his children resides abroad. My mother died in 1993 when I was a kid. My maternal grandfather transferred all his property to my mother's sister in 1998. I do not know the legal procedure of transfer whether it was attorney power or gift or will or something else. My maternal grandfather died in 2000. My mother's sisters family are using that property. The property was mostly ancestral property which was inherited by my maternal grandfather from great grandfather. Little of it was earned by him. Can I have legal share in it? Can the mode of transfer be challenged in court? My mother's brother is not interested in property but he favour s my mothers sister. My mother sister died in 2014.
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
First you have to check the property is ancestral or not? What document was created by  maternal grandfather to transfer his property  in favour of his daughter ? If you get the idea about the above two things is important for giving a proper  suggestion for how to challenge the case.

What is ancestral property ?
 Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

What is not ancestral property ? 
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

1) you have to find out the mode of transfer ? ho was it done 

2) take search at  sub regsitrar office in your city and obtain copy of the gift deed or will 

3) if property was inherited by your maternal grand father from his father it would be self acquired property of your grand father . it is not ancestral property 

4) he could execute gift deed or will in respect of the said property 
Ajay Sethi
Advocate, Mumbai
46702 Answers
2763 Consultations

5.0 on 5.0

The daughter has no share in the ancestral property left by her father if her father died before 2005.
 In your case your grandfather died in 2000 and before his death he already gifted his property to his another daughter. So your mother or you have no share in his property and hence no case lies for recovery of this.
Devajyoti Barman
Advocate, Kolkata
13133 Answers
174 Consultations

5.0 on 5.0

1. First find out whether the property is ancestral or a self acquired property of your grand father
2. Based on your finding, we can arrive at a decision, whether you have a right on the property.
3. However from your narration it is found that we can explore that you have a chance of retrieving the property and have valid legal claim.
4. If it were to be ancestral property,  the mode of transfer to only your mother's sister but not to other siblings can be challenged in a court of law.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

If the property was inherited by your maternal grandfather from his father then it is not ancestral in character. It was at par with the self acquired property of your grandfather, which he could transfer at his sweet will to anyone. Consequently, your mother had no share in it to which you could claim succession. 
Ashish Davessar
Advocate, Jaipur
23120 Answers
639 Consultations

5.0 on 5.0

Hi, as per latest Supreme Court Judgement if the partition taken place after 20-12-2004 then only your mother has right over the property  as in your case mother has died in the year 1993 itself so you have no right to claim the property as per law.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

The subject property though inherited by your grandfather from his father, i.e., your great grandfather cannot be an ancestral property to your mother.  
It becomes your grandfather's own and absolute property.  In that your grandfather has full rights to dispose it n any manner as he proposes to or desires about. 
Even if it can be considered as ancestral, your mother who died in the year 1993 cannot have coparcenary rights in it because the law giving equal right for the daughters as coparcenary was amended on in the year 2005, therefore your mother did not have any rights in the property at the time of her death.
In view of the above paragraph, since your mother has not left behind any property or rights or interests in any property during her death, you do not have any right to claim a share in the capacity of a legal heir to the deceased coparcener.
The property is certainly not an ancestral property to you.  the rights if any, arising out of ancestral properties shall extinguish with your mother alone and since she is also not a coparcener, there is nothing to claim as a share in the property. 
If you suspect the Will or gift deed or whatever deed by which your maternal aunt got the property transferred on her name, as a legal heir to your mother you can challenge the same by filing a partition suit and questioning the validity of the alleged transfer of property.  Success rate is very less. 
T Kalaiselvan
Advocate, Vellore
36859 Answers
403 Consultations

5.0 on 5.0

Transfer of property was effected by your maternal grand father, at that time daughter had no right in ancestral property. your maternal grand father had absolute right to transfer it by any legal method. He did his job legally. you have no right to challenge it. if partition is effected before 2005 daughter has no right to challenge it. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. When the title of the property of your great grandfather was conveyed to your mother's sister, it no longer stood as ancestral property to you,

2. So, you can not claim any share on the said property,

3. Find out from the local Registration Office whether the conveyance deed in connection with the said property was at all registered or not,

4. If not then you can lay your claim on the said property,

5.If yes, then you have no legal claim on the property.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

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