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Beast (XYZ)     14 September 2012

Ancestral property

My father acquired a property  which was self aquired by his mother. My father has two properties. My father passed away last year. A flat and second is acquired property land (1 acre) from his mother. My father wrote a will in 2003 wherein after his death the flat would be transferred to me while the land would be divided into 2 partitions.(half for my sister and half for me). I have just obtained the copy of his will when I was going through all the documents. In 2010 I find that the land is settled in the name of my sister and registered while I was always given an understanding that the land will be equally divided between both of us.. Do I have a  claim on my Grand Mothers property which was acquired by my father. I am not sure if it becomes ancestral. Can I challenge the settlement deed on the basis of the will. Do I still get my share of the property



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 September 2012

Such property did not become ancestral when it came into your father's hands, only property that is acquired by a person from paternal ancestors becomes ancestral qua his own children., and hence being the absolute master of his properties - your father could validly execcute a will as regards the land in your sister's favour. 

But I'd still like other experts to correct me if I am wrong. 

 

Beast (XYZ)     15 September 2012

Just to add to your answer. The will is in the names of my sister and me while a settlement deed is done without my knowledge and executed in favour of my sister. I was always given an understanding that both (my sister and me) have equal share in the property.

Mahesh Mukadam (None)     15 September 2012

Please chalange the transfer of the property ot the approprate authority then file a civil suite in the court to obtain your share. Yours is a very simple matter.


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