Property

Guest (Querist) 25 September 2012 This query is : Resolved

Q)my name is mohit my father mr vijay got a self earned house of his father mr B.k gupta through mutual settlement done by wife of B.k gupta bcos mr B.k gupta died without making any will. after that mr vijay makes a will in which his son mohit voluntarily disown himself from that house and will is duly registered. mohit has a son name daivya. i want to know can daivya can claim on the house of his grandfather mr vijay when mohit father of daivya voluntarily disown himself from the property of his father mr vijay? does this house is ancestral or indvidual property of mr vijay?

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Devajyoti Barman (Expert) 26 September 2012
The house is self acquired property of Vijay and Daivya can not stake claim his share in it.

M V Gupta (Expert) 26 September 2012
When ur grand father Mr. B.K. Gupta died intestate, his self acquired property devolved on your father Mr. Vijay and his mother (i.e., widow of B K Gupta) in equal proportion. So, the share which ur father had inherited would have the character of ancestral property, while the share of his mother which he got by settlement deed would be regarded as his elf acquired. As such, strictly speaking Mr. Vijay can make the will in respect of the share which he got from his mother under the settlement deed. U have not stated what the will provides regarding the vesting of the property. If there are no other heirs of Vijay apart from u and ur son, there should not be any problem in ur son getting the property upon the death of Mr. Vijay.

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