Daughter's right in the ancesteral property of her family.
Neena Sondhi
(Querist) 05 July 2012
This query is : Resolved
Sir,
My mother have a House property in her name which was originally transferred from her father in law i.e. my grandfather(registry in urdu in grandfather's name)(Ancestral property)and divide the such property in my three brothers under a will,but with GPA in their respective names in which my mother is transferor and my brothers are transfree. In the will it is mentioned that after my mother's death such property belongs to her three sons(Floor wise),it also contains that any of her legal heirs if have any objection can claim upon it. I didn't get any share in such property. One of my brothers accepted the token money of his floor,despite my mother is still alive.Now I want my share in such above property.
Adv.R.P.Chugh
(Expert) 05 July 2012
Dear Ms.Sondhi,
Your mother when she got the property from father in law - it became her absolute and exclusive property, of which you can be deprived either during her life by a gift or sale or by a will as well.
Any transaction by the brother before he gets title is ineffective unless mother ratifies it.
Having said that please specify how your mother got the property from her father in law ? as in was it through a gift/sale/will or inheritance ?
Tell us this - may be we can find a way out, or atleast a way to stall the process and get something out of it !
Kiran Kumar
(Expert) 05 July 2012
now if your mother has received this property in inheritance from her father in law then certainly you have a right in it.
the peculiar aspect in your case is that your mother is still alive and the will is to take effect after her death only and not prior to that.
since the property is still undivided, after the 2005 amendment even the daughter has a right in ancestral property, you may stake claim over the property whenever partition takes place in the property.
any dealing done with the property inter se brothers will be nullified through a legal process.
R.V.RAO
(Expert) 23 March 2014
agree with sri kiran kumar ji and wish to add that all eligible legal heirs in the chain of ancestral property(male or female) instead of waiting for partition, can also ask for partition of ancestral property at any time , and after such partition, it become the self acquired property of the legal heir.
