We have a dispute over ancestral property which was held initially by my Grand Father and after his demise , the property was held by my father. My father has 2 daughters and two sons, where I am one among his daughter. In 1987, my father has written a will stating that only my two sons has rights over the ancestral property after his demise. In this case, will I have right over the ancestral property?
If yes, what are the mandatory documents should I hold to access my right?
Note: I dont have registration document for the property as it was a ancestral one.
Asked in Property Law from Chennai, Tamil Nadu
1) if property has been self acquired by grand father it is not ancestral property
2) ongrand father demise your father would be absolure owner of property and can bequeath it as he pleases
3) your father can by will bequeath it to his 2 sons
4) property which has remained undivided for 4 genrations would be ancestral property
5)if it is ancestral property you have to file suit for partition to claim your share in property
6) obtain copy of regd sale deed from sub regsitrar office
1. There is a common misconception regarding ancestral property. If title of a property flows 4 generations i.e. from great grandfather to great grandchild without any interruption like sale/gift/settlement/partition deed or will, then the said property is called ancestral property.
2. In the instant case, it is not an ancestral property.
3. However, your brothers shall have to take grant of probate of the said will after the demise of your father.
4. Without probate, will has no value more than a scrap paper.
5. When they will apply for probate, you will get a notice after which you can contest the probate application and challenge the will on various grounds.
Your grandfather's property cannot be termed as ancestral property.
Moreover it was transferred to your father by his father hence your father becomes the absolute owner f the property.
Your father can dispose the property in any maner and to anyone of his choice.
You cannot claim a share as a right from it
Your father's will is very valid legally and it cannot be challenged in the court of law.
Instead of waging a legal war why dont you make a compromise with your father and request him to allot you with a share from the property.
1. This is not ancestral property as the original owner was your grandfather. For a property to be ancestral it has to be originally purchased by great grandfather and travel upwards to the fourth generation without disposition/partition. The share which your father got after his father's demise became his separate property which he was at liberty to bequeath at his sweet will.
2. Unless you can prove that the property is ancestral in your hands you cannot challenge the bequest/disposition of property made by your father.