Ancestral Property

Querist : Anonymous (Querist) 06 May 2010 This query is : Resolved
The father left his property intestate to his spouse, 4 daughters and a son. After his demise a release deed was made by his 4 daughters in favour of the mother and brother. The mother recently expired leaving a will of her share of property in favour of her son. The questions are:

Do the four daughters or their children have a claim on the property?

While the son is transfering the proprietory rights on his name, can he include his wife's name also as joint owner? If no, in what ways can his wife's name be included?

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Querist : Anonymous (Querist) 06 May 2010
Thanks in advance

R.R. KRISHNAA (Expert) 06 May 2010
If the property is the self acquired property of the father, then the daughters/their children have no right to claim anything (as the daughters have already released their rights). As per your facts the son gets full title for the property.

The son cannot include his wife's name as joint owner. But the son can make a settlement deed or gift deed in favour of his wife by which his wife shall acquire ownership/part ownership of the property.

G. ARAVINTHAN (Expert) 06 May 2010
Son can transfer the property in his name and can made mutations in all revenue records. But his wife has no role in the said documents

Querist : Anonymous (Querist) 08 May 2010
Thank you

O. Mahalakshmi (Expert) 11 May 2010
If it is ancestral property then it will be belongs to all. If self acquired the person can transfer the property as he likes.

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