• Share in ancestral property will

Dear All
I want to know if my son of 17 years have a share in property self acquired by My Grandfather in his life time under following conditions:
My grandfather(having 3 sons and 2 daughters) acquired house which was passed on to my grandmother by way of his will upon his death.
My grand mother died and left the will(registered) giving away property to 1 son and 2 daughters .(this was on persuasion of daughters) nothing to my father .She died about 6 months back .
Now my question is if Me or my son(My grandfather-father-myself-myson)fouth in linear male hierachy does have any claim or right on the said property.My father is still alive .
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
Hi, property is the self acquired property of the your grandfather, during his life time he executed a will in favour of your grandmother so she become the absolute owner of the property.

2, Your grandmother during her life time has executed a will to 1 son and 2 daughters, they become the absolute owner of the property after the demise of the grandmother so others have no rights over the property.

3. Will come into affect only after death of the testator.

4. If you want share in the property you can challenge the will before the court.

Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1)your son has no share in property of your grand father . 

2)on your grand father demise your grand mother become absolute owner of property as per grand father will 

3)on grand mother demise the 3 beneficiaries would be absolute owners of the property 

4) your father has no share in said property as per grand mother will . 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

The grandmother executed the will by excluding your father from the ambit of succession to her property. As a corollary thereto, neither your father nor his heirs can claim succession to the property. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

If father is still alive you have no right over the grandfather’s property. In your case the After the demise the ownership of property goes to heirs as per the will. Your father has no share in said property .Your father can challenge that will unless it is not probated.
Ajay N S
Advocate, Ernakulam
2816 Answers
47 Consultations

5.0 on 5.0

1. Ancestral property is defined as a property, title of which has passed uninterrupted for four generations i.e. from great grandfather/mother to great grandchildren without execution of any deed/will etc.,

2. In the instant case your grandmother had conveyed the title of the property to her one son and two daughters,

3. So, the property no longer stayed as an ancestral property for your son.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

You have stated that it was your grandfather's self acquired property. 
 It is reported that your grandfather had disposed the property by testamentary arrangement to your grandmother.
Your grandmother is reported to have bequeathed the properties in favor of the people of her own choice.
From the above it is clear that the said property never acquired ancestral nature.
Your grandfather who had proper marketable title, bequeathed the property in favor of his wife through a Will, which is absolutely legal and valid.
The Will having acted upon, your grandmother acquired marketable title as an absolute owner, meaning thereby nobody has any rights over the property except herself.  Therefore bequeathing the property through a Will by her in favor of the people of her own choice is her desire and right which nobody can question.  This transfer is also legally valid and cannot be questioned by other siblings.
Therefore your father nor his children  or his grandchildren do not have any right in the said property.
T Kalaiselvan
Advocate, Vellore
36778 Answers
403 Consultations

5.0 on 5.0

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