Grandmother property
Sumeet
(Querist) 16 October 2020
This query is : Resolved
Hello sir,
My Grandmother has inherited some agricultural land from her father, great grandfather, great great grandfather.................. so-on.
The property has never been partitioned by any ancestor.
My Grandmother died 2 years back without any will and the land is in my grandmother's name only.
Q1. IS THIS PROPERTY ANCESTRAL?
Q2. IF YES, DO I HAVE ANY RIGHT IN IT AS A GRANDSON.?
Q3 CAN MY FATHER GET THE LAND TRANSFER IN HIS NAME AND GIFT IT TO SOMEONE ELSE WITHOUT MY AND MY SISTER PERMISSION ( Coeparcner permission ) ?
Please clarify.
Thank you.
Isaac Gabriel
(Expert) 16 October 2020
It is not self earned proprty of your father and it devolve on the legal heirs including yourself and your sister.
Dr J C Vashista
(Expert) 17 October 2020
Answer to your questions is affirmative as your father can claim share in the ancestral property devolved upon by inheritance and left intestate by your grandmother.
Sumeet
(Querist) 17 October 2020
Ok, sir.Thanks for clarifying.
K Rajasekharan
(Expert) 17 October 2020
Except in states such as, Andhra Pradesh, Tamil Nadu, Karnataka, Kerala and Maharashtra, a grandmother had no opportunity to inherit any ancestral property from her father, as the scheme of Mitakshara ancestral property devolution till 2005 (when the discrimination between a male and female in inheritance was removed) was from a male ancestor to his son, then to his grandson, and then to his great grandson. So it seems that the property in question devolved from a few generations need not be an ancestral property.
The term “ancestral property” is a legal term and has a specific definition in law. Its meaning is quite different from the literal meaning of the term.
Sumeet
(Querist) 17 October 2020
Sir, I live in Haryana. Please clarify, my questions as per Haryana state.
I see contradictory statements by the EXPERTS
Rajendra K Goyal
(Expert) 17 October 2020
You have a right in the ancestral property of your grandmother along with other legal heirs. Can file case for partition and partition.
P. Venu
(Expert) 17 October 2020
To my knowledge, the property is not ancestral. Only the Class I legal heirs have right for the property left intestate.
Sumeet
(Querist) 18 October 2020
how sir.......................@PVenu sir
P. Venu
(Expert) 18 October 2020
Prior to 2005, your grandmother could not have inherited the property if the had been ancestral. Even ancestral, the property loses that character once your grandmother inherited it.
