Married Daughters Right over property

Querist : Anonymous (Querist) 01 August 2018 This query is : Open
Whether a married daughters have right over undivided ancestral property through a registered will prepared in favour of the married daughters only whereas deceased 's son is still alive? Kindly provide any ruling in support.
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kavksatyanarayana (Expert) 01 August 2018
All the legal heirs including daughter whether married or not have equal rights over ancestral property of their father.

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Querist : Anonymous (Querist) 02 August 2018
Thabk you for your reply Sir...But question remains open that whether a father whose property is still undivided, can transfer his share through registered will to his daughters only ignoring his son?

Vijay Raj Mahajan (Expert) 02 August 2018
No Will can be made for ancestral property, valid Will can only made for self acquired or self owned property.
If the property is ancestral or copacenary in nature, any Will made by the person holding the property is null and void, challenge the Will in the court after the death of the testator.

Querist : Anonymous (Querist) 02 August 2018
Thank you for your reply Sir...But question remains open that whether a father whose property is still undivided, can transfer his share through registered will to his daughters only ignoring his son?

Querist : Anonymous (Querist) 02 August 2018
Thank you Sir, is there any ruling in support of ur reply...? If you have please mention.

Querist : Anonymous (Querist) 02 August 2018
One thing more Sir, what is the effect of Indian Succession Amendment Act 2005 in such a cases...?

Querist : Anonymous (Querist) 02 August 2018
Sorry kindly read Hindu Succession Act

Vijay Raj Mahajan (Expert) 02 August 2018
You don't understand a simple thing that a property that is solely owned by a person only can be disposed by that person either during his lifetime or after his death by making a Will.
An ancestral property is not anyone's self owned or solely owned property but property which has numbers of other owners, all other family members that will include all sons and daughters etc.
So if it is ancestral property with number of owners how anyone can make Will for that property.
Its mere common sense that has to be applied here nothing else.
If your father is sole owner of the property he can make valid Will not for property which has other members too along with him, but if still he makes a Will then that Will is null and void.

K Rajasekharan (Expert) 02 August 2018
Please see the latest crucial ruling on 2005 act at https://indiankanoon.org/doc/88759498/

K Rajasekharan (Expert) 02 August 2018
Previous most important judgment on the subject is there at https://indiankanoon.org/doc/143363828/

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