Ancestral property dispute
R.Rajendran
(Querist) 06 June 2012
This query is : Resolved
Dear Sir,
Current house in which my parents are residing are in my mother's name and this property is given to her by her mother(my grand mother) some 50 years back.Now my parents are planning to demolish the house and construct an apartment in same plot.
I have my brothers as well. Now do I have equal share in this property? 3 brothers and 2 sisters. My parents and brothers say there is no equal share in this property. In other words they claim there is no share in this property at all. so to get a flat in this yet to be constructed apartment, I am required to pay cost for the plot area as well along with the construction cost. I was thinking the ground comes free of cost since it is ancestral property and I just need to pay the construction cost alone. But parents say this applies only to sons and not daughters.Infact they say,parents and sons have the right to say there is no share in this property for daughters.
Can you please clarify this? Request you to go through the above scenario with patience and provide me accurate details.
Regards
S.Padma
ajay sethi
(Expert) 06 June 2012
if it was your grand mother self acquired property and she bequeathed it to your mother it does not become ancestral property . your mother is owner of said property and she can bequeath it to whom soever she desires . if she is planning to demolish the house and construct new building consisting of apartments you dont have right on said proprerty. she can impose such terms and conditions as she desires to give you an apartment in said plot
Guest
(Expert) 07 June 2012
Presuming the property to be your maternal grandmother's self acquired property, the same after being given to your mother is her separate property which is at par with self acquired property. Hence, she is at liberty to deal with it in the manner she desires. You have no share in the property during the lifetime of your mother. She can during her lifetime make a will/gift of the property and the property will thereafter devolve accordingly.
Devajyoti Barman
(Expert) 07 June 2012
Property inherited trough Will is considered to be the self acquired property of a person.
You have no share in it by way of birth and have to be dependent on the wish of your mother to lay hands on it.
It neither belongs to son nor daughter.'It belongs to mother only.
Shonee Kapoor
(Expert) 19 June 2012
It is not at all ancestral property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
