Treatment of ancestral under Will
Querist :
Anonymous
(Querist) 07 December 2010
This query is : Resolved
Dear Sir,
My father wrote a Will which contains both self acquired as well as ancestral property. He has willed all the property to me irrespective whether the property is self acquired or ancestral.
What is the treatment of self acquired property under the WILL? What is the treatment of ancestral property under the WILL? I have one sister and she wants to challenge the WILL by filing a parition suit. My father and mother both died 6 years back.
M.Sheik Mohammed Ali
(Expert) 07 December 2010
basically, your sister having rights to ancestral property 1/2 shares and self acquired property transfered through will no one has rights to share, you must proved
R.Ramachandran
(Expert) 07 December 2010
Where is the property situated?
Whether your sister is married? If so, when did she marry?
Advocate Bhartesh goyal
(Expert) 07 December 2010
your sister has definatly right in ancestral property and can challenge the will by filing partition suit.
Advocate. Arunagiri
(Expert) 07 December 2010
As per the will you are entitled for the whole property which was self acquired by your father.
Your sister is having 1/2 right over the ancestor property.
Querist :
Anonymous
(Querist) 08 December 2010
The property is situated in A.P. My sister got married in year 2000. Does'nt the rule of survivorship apply to joint property
and accordingly can the undivided share of my father in ancestral property be passed to me thru his WILL. If the rule of
survivorship is applicable and if his undivided share in ancestral property can be passed to me thru his WILL then what
should be the proportion in which the ancestral property to be shared between me and my sister.
R.Ramachandran
(Expert) 08 December 2010
As per Hindu Succession (Andhra Pradesh Amendment) Act, 1986, which came into force with effect from 5.9.1985, daughters by birth are coparcenars in the property of a joint hindu family.
Thus, in respect of the ancestral property of your father, all the three of you i.e. your father, you (son) and your sister (Daughter) are equal co-parcenars and as such the ancestral property could not have been given by your father by way of WILL to you.
Therefore 1/3rd share in the ancestral property has to be given to your sister.
The 1/3rd share of the ancestral property which fell to your father's share can be given to you by your father through WILL.
Thus, ultimately you will have 2/3rd of the Ancestral property (1/3rd yours and 1/3rd belonging to your father which would come to you through WILL). Your sister will have 1/3rd share in the ancestral property.
The self-acquired property of your father given to you by him through WILL would be valid. Your sister cannot claim any share in it.
M/s. Y-not legal services
(Expert) 08 December 2010
for self acquired property, your father can make will to anybody as per his wish..
but for ancestral property he can make will for his share only..
