Ancestral property
ganesh patil
(Querist) 21 November 2018
This query is : Resolved
my wife was passed away on June 18 without making a will
we have a son. he is minor age 09
my father-in-law's family members are (1 son 2 doughter wife &
self) my in-law has some property which he got from
genration to generation from father to son like.this
property ownership is on the name of father in-law.
1) can i entitle for this ancestral property for my wife
share as there is no will of her.
2) can it possibale that by way of making a will by my
in-law can able to distribute this property only to his son
wife,another doughter and my son to remove me from property
3) how can i secure my wife's share on my name with son.
KISHAN DUTT KALASKAR
(Expert) 21 November 2018
Dear Sir,
All your questions can be answered by seeing the following provision of law.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Please mark “LIKE” if satisfied by my answer.
ganesh patil
(Querist) 21 November 2018
Dear Sir can u give some details for query number 3 or the required process to secure my right
Kumar Doab
(Expert) 21 November 2018
Which personal law applies in your case?
Are all involved Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Was your father in law alive as on date of death of your wife? If NO; What is date/month/year of death of your father in law?
Month/year of death of your wife as per your query is June 18 i.e. June 2018?
Have the deceased i.e. your father in law left any valid WILL?
The said property(ies) is in which state?
Was the property in the hands of your father in law ever devided/alienated say; by valid/registered parttion deed?
Are you sure that the said property(ies) is of nature; ancestral (as being highlighted in query) or is self earned/acquired in the hands of your father in law? Has any counsel that has seen all property related docs and examined inputs, opined that property is ancestral (Pushtaini)?
Confirm!
Kumar Doab
(Expert) 21 November 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Kumar Doab
(Expert) 21 November 2018
Ancestral Property: property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter…… OR property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property……OR simply said four generation old..
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Kumar Doab
(Expert) 21 November 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
Kumar Doab
(Expert) 21 November 2018
Obain copy of mutation records with all link docs and try to find out the nature of property i.e. ancestral (as being highlighted in query), self acquired in the hands of your father in law.
If IT is self acquired and your father in law is alive then note that;
He can dispose his estate/property (as per provisons of personal law that applies ) in his life time by a valid/registered deed in anyone’s favor.
If you are all Hindu and nature of property is self acquitred then IT shall be appropriate to maintain warmth in relations with him and he may by his sweet will give a share to you or your son.
Son, daughters may not have ANY forced share in self acquired estate/property of father/mother.
Spouse (husband as in query) has NO forced share in self acquired estate/property of other spouse (wife as in query). Of course in case of inheritance/sucession as per provisons of personal law that applies property/estate devolves upon legal heirs.
Son in law, daughter in law may not have ANY forced share in self acquired estate/property of father in law/mother in law.
If you are all Hindu and your father in law was alive as on dtae of death of your wife i.e. June 2018 then your wife being legal hier must get equal share.
Since she has died her share devolves upon her legal heirs as already explained above.
The title holder ( e.g; your father in law) can dispose his/her estate/property and not of other Co-sharers ( e.g. his daughter and futher her legal heirs). Any attempt by any deed would be illegal and such deed should be void.
Being legal heir of deceased you may get mutations records with all link docs and submit requisite docs (as already explained above) for updation in mutation records and keep authenticated copies. IT is SIMPLE and almost cost free procedure.
The FEE etc if any in your state may be NIL/negligible.
This should suffice.
Kumar Doab
(Expert) 21 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influnecial persons etc and find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Succession/Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL ; O/o Tehsildar, Civil Courts,HC, SC …
Such LOCAL counsel can certainly help you.
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Testamentary Succession/Civil matters.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter.
You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section.
Remember to consult beforehand for financial matters or any matter about which you are not properly informed.
And maintain cordial relations and remain amiable and gentle.
If you have apprehensions of foul play then your counsel can help to get injunction/stay from court of law and partition by boundaries.
