Ancestral property
ram
(Querist) 21 March 2014
This query is : Resolved
Dear sir/s
Would like to get clarifications on ancestral property rights
1.My father had willed agricultural properties inherited from his father through will and partition with his brother. My grandfather had inherited these properties from my great grandfather. Could my father write a will these properties as per his wishes? As a son what is my right over these properties?
2. my father had also purchased a property on his own from the income only from the inherited properties as mentioned above. Can my father will this property as per his wishes?
3. we are four legal heirs (mother,2 sons and a married daughter (1983-marriage date)
regards
Ram
R.V.RAO
(Expert) 21 March 2014
the property referred in first para of your query is ancestral property.(also called joint family/coparcenary property)
it satisfies the criterion of 4 generations -great grand father to grand father to father to son.
all the legal heirs to the ancestral property including your grand father ,your father, his brother,2 sons of your father and your sister are all entitled to equal share in the ancestral property.
your sister(female legal heir) due to Hindu Succession amendment act 2005 is also legally entitled to her share in ancestral property.
since no partition of ancestral property of your family took place til now (as i understand from your query),your father's action of writing a will for unpartitioned ancestral property is illegal.
Any of the above legal heirs including
( female) can ask for distribution /partition of ancestral property any time.
After such partition, the share of each legal heir becomes his/her self acquired property,when they can dispose the same as they like. but not until then.
The income from the undivided ancestral property belongs to and becomes part of ancestral property ony AND all legal heirs as stated above are entitled to a share of the same. no single legal heir has any right to use /distribute same .
Rajendra K Goyal
(Expert) 22 March 2014
Well advised by the expert, agree to it.
R.V.RAO
(Expert) 22 March 2014
Thanks.Sri Rajendra goyal ji.
