• Daughter's rights on ancestral property

My grand mother has given the ancestral property directly to my brother in 1970(given by his father, we do not know whether it is ancestral property to him or bought out) . 

I am a grand daughter and born in 1962 and married in 1980.

My father died in 2013, whether i have rights on this ancestral property.
Asked 7 months ago in Property Law from Tumkur, Karnataka
Religion: Hindu
The original title deed of the property and the legal instruments by which the property was further inherited by the legal heirs will alone throw light on whether the property in ancestral or not. So the first thing you should do is to obtain certified copies of the original sale deed and instruments of transfer/inheritance from the office of sub-registrar and then consult a lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
As your grand mother has given the property to your brother so in what mode she do that?
 She execute a will or gift deed or she execute a sale deed in his favor.

This property is her property gifted by her father hence there is no question for your share.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) if grandmother inherited property from her father it would be her self acquired property 

2)she could have executed gift deed in favour of your brother and transferred property in his nane 

3) yiu would have no share in said property 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
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.

On which mode used by your grandmother to transfer the right of the property to your brother. Is she execute a will , gift deed or sale deed?

If the property is not ancestral and grandmother execute a registered deed in her life time then the transfer of the property is valid. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1) if it is ancestral property you will have to challenge transfer of property in name of your brother by your rand mother 

2) file suit for partition to claim your share .

3) it has to be proved it is ancestral property 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
The property that a person gets from his/her father through succession/inheritance is not ancestral property. It is at par with his self acquired property. Therefore, your grandmother was at liberty to give the property to anyone she desired.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Grand daughters has no share as long as the daughters/ sons are alive. 

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.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
what is the mode of transfer the property?

will or gift or sell deed?

Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
I am a grand daughter and born in 1962 and married in 1980.
My father died in 2013, whether i have rights on this ancestral property

If your grandmother had marketable title to the property then her act of transferring the property lying on her name to your brother is legally valid.  The question of ancestral property shall not arise.
Your date of birth and your father's date of death has no role to play in this.








T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
My grand mother got this ancestral property from his father and it is ancestral property. My grand mother and her sisters are the only two daughter for his father, no others.
later my grand mother has directly given this property to my brother instead of my father to avoid my share may be.


Even it  was ancestral property, once inherited by female coparceners, it becomes that female's own and absolute property, that means nobody  can claim any share or right in the said share of property lying in the hands of the said female coparcener. Also the nature of ancestral property extinguishes after that.  
Therefore being an absolute owner of the property your grandmother has full rights to disburse the property in any manner she desires and to the person of her choice.
Nobody can question her proprietary nor can demand any rights in the property during her life time. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Hi, The property will fall into the category of Streedhan of your grand mother and she can dispose of the property according to her wills and fancy, you have no right to claim share in the property. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0