Clarification
selvaraj
(Querist) 25 June 2012
This query is : Resolved
I am Rukmani aged 58 years from tamilnadu. My Grandfather bought an agricultural land in the year 1952. My grand father had two sons and three daughters. In the year 1976 a partition has been made between two sons (my father and his brother) and it has been registered. From that time onwards my father enjoys the sole right of the property.
My father had one son and two daughers (myself, elder sister and younger brother)
In the year 1999 he wrote a will (partitioned property 3.16 acres of agricultural land) in my son’s name.
Because they are not with my parents and myself looking after their health and day to day needs. My younger brother got a love marriage after that he never turned to my parents and also my elder sister, she never turned after her marriage. So my father wrote a will in my son’s name.
My father died in the year 2000 and my mother died in the year 2005.
My question is
1) Whether it is an ancestral property or not?
2) Whether My father has a right to write a will?
3) Whether my elder sister and younger brother can claim the share in the property?
Adv.R.P.Chugh
(Expert) 25 June 2012
Any property that a person gets under partition is ancestral vis-a-vis (with respect to) his progeny/children. Hence the share that fell in your father's hand on partition is ancestral to of you and you have a right to that. as per the prevailing family pedigree on father's and mother's death property devolves on the three of you in equal respects. The father did not have the competency to will away the entire property to your son. Hence your sister and brother can claim the same.
Feel free to talk !
selvaraj
(Querist) 25 June 2012
WHAT IS ANCESTRAL PROPERTY
Anirudh
(Expert) 25 June 2012
The property in question is NOT AT ALL ANCESTRAL FROM ANY ANGLE WHATSOEVER.
Upon the death of your grand father, the property ought to have been equally shared between all his legal heirs i.e. his two sons and three daughters (assuming that your grand mother was not alive at that time - otherwise she was also entitled to an equal share).
In any case, that having not been done, the property being a personal property of your father, he has every right to dispose of the same in whichever way that he wants. Therefore the WILL in favour of your son is quite valid. NOBODY ELSE CAN QUESTION THAT NOR CLAIM ANY SHARE FROM THE SAME.
BE REST ASSURED.
Rajeev Kumar
(Expert) 25 June 2012
I wholy agree with the view of Chugh and differs from the view of Anirudh
Anirudh
(Expert) 28 June 2012
Dear Mr. Rajeev Kumar,
I shall be deeply indebted to you, if you can kindly give the legal reasoning for your answer.
