ancestral property

Querist : Anonymous (Querist) 19 April 2011 This query is : Resolved
i own an immovable ancestral property. now i have 2 sons ,3 daughters and all my son's and daughters have 2 kids each who are all majors, Do i need to share the property to all of them or only i can share the property to my 2 sons ?

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Guest (Expert) 19 April 2011
if by you want to give your property to all your childs than it is not required to take any action it will be divided into all of them equally after your death and if you want to make the property to specific one or two or three you can make a will into their names or may make a power of attorney in their name

R.Ramachandran (Expert) 20 April 2011
Advocate Bishnoi is not correct. You cannot make a 'Will' of the ancestral property. At best you can make a 'will' of only your share in the ancestral property.
Therefore, now if you want to partition the ancestral property, then each one of the following will get an equal share:
You, your wife, your son(s) and your daughter(s). In view of the amendment effected in Section 6 of the Hindu Succession Act in the year 2005, YOU CANNOT RESTRICT THE PARTITION TO YOUR SONs ONLY. EVEN THE DAUGHTER(S) ARE ENTITLED FOR EQUAL SHARE. Once you do the partition in the above manner, your grand children (through son) will get their shares from out of the portion given to their respective fathers.
The portion of property given to the female members will be their personal property and will lose its 'ancestral character'.

V.Mahadevan (Expert) 20 April 2011
I join Mr. Ramachandran.

Sarvesh Kumar Sharma Advocate (Expert) 20 April 2011
no intruption in the opiniun of mr. ramachandran!

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