ancestral property
Querist :
Anonymous
(Querist) 27 January 2011
This query is : Resolved
sir,
my grand father had ancestral property (Hindu joint family property agricultural land). my father inherited said property through an registered Will executed by my grandfather in his favor. Will executed by my grandfather in order to exclude the share of his daughters.my father again execute an Will in favor of his son only, in order to exclude the share of his daughterfrom the above said property.
my question is that as being a daughter,whether I have any right in the said property as copasner or not. And said property whether consider as ancestral hindu joint familly property or not.
Arvind Singh Chauhan
(Expert) 27 January 2011
Yes you have right to claim, as property is not a self acquired property of your father.
Guest
(Expert) 27 January 2011
DAUGHTERS HAVE LEGAL RIGHT TO CLAIM SHARE IN ANCESTRAL PROPERTY OF FATHER. IN CASE BROTHERS AS USUAL ARE NOT READY TO GIVE SHARE THEN A CIVIL SUIT FOR PARTITION OF SAID JOINT PROPERTY CAN BE FILED IN CIVIL COURTS AND COURT WILL DECIDE THE MATTER.ALL DAUGHTERS ARE ENTITLED FOR SHARE IN PROPERTY OF FATHER.GOOD LUCK.
R.Ramachandran
(Expert) 27 January 2011
Dear Anynomous,
Initially you make a categorical statement that "my grand father had ancestral property (Hindu joint family property agricultural land)." But at the end you pose a question "said property whether consider as ancestral hindu joint familly property or not?"
THUS YOU ARE NOT CLEAR AS TO THE NATURE OF THE PROPERTY. YOU HAVE TO CLEARLY INDICATE FROM THE DOCUMENTS WHETHER IT IS ANCESTRAL PROPERTY OR NOT.
In any way, from the bare facts given by you, let me give my thoughts/views on the matter:
(1) If it has been ancestral property in the hands of your grand father, he could not have given the same by way of WILL to anybody.
From the fact that he gave it through WILL goes to show that it is a personal property in the hands of your grand father.
(2) Since the personal property of your grand father had come through a will to your father, again in the hands of your father it is his personal property and he can do anything with it. In view of this, if your father had chosen to give the said property through WILL to his son, he is perfectly entitled to do so and no one can object to it.
(3) If it is a personal property, then no one (whether son or daughter) can be a coparcenar of the property and consequently the daughter or son cannot claim any share in the said property by way of right.
(4) It must also be remembered that just because the property belonged to the grand father does not automatically mean that it is an ancestral property. If it is a personal property of the grand father and if the grand father at the time of making the will had indicated clearly that it will be treated as 'ancestral property' in the hands of the benefiary of the WILL, then and then alone the property would become ancestral, but otherwise not.
G. ARAVINTHAN
(Expert) 28 January 2011
since it is ancestral property of your grand father, he have no right to right a will in favour of your father. He can bequeath his share alone. Hence will is not valid.
However you need to work out your remedy by filing a suit for partition
malipeddi jaggarao
(Expert) 28 January 2011
Mr.Ramachandran Sir. So "A" grandfather bequeathed his self-acquired property to one of the sons "B". "B" has 2 sons and 1 daughter. Since "B" acquired the property from his father, is it not ancestral property. Whether "B" can claim that this property is not ancestral? I too require clarification on this point sir.
R.Ramachandran
(Expert) 28 January 2011
Dear Mr. Rao,
Previously also you raised similar question and I gave citations on the basis of which I am saying so. If Any private property (self-acquired property) is expressly partitioned or bequeathed with clear indication that it has to be treated as 'ancestral property', then and then alone it would become ancestral property. Otherwise it will continue to be a private property in the hands of the recipient.
In the example given by you, "B" can claim that it is his personal property and not "ancestral property".
