Inheritance of mother's Ancestral Property
Querist :
Anonymous
(Querist) 09 May 2010
This query is : Resolved
My Grandfather has 2 daughters ( no sons ) - my mother and her sister. His property ( which he inherited from his father ) was divided when he was alive into 4 shares - self, his wife and 2 daughters. He died a few years ago, but my grandmother is still alive. I want to know, as of now, if I have a right on my grandfather's property and if yes, what right/share do I have, considering that my mother and grandmother are alive.
Also, can my grandmother and mother, will their share of the property to anyone, other than their children or do I have a legal right over their share as well.
Adv Archana Deshmukh
(Expert) 09 May 2010
You do not have any right in your own capacity in your mother's ancestral property till she is alive. Yes, your grandmother and mother have the right to WILL their share of the property to anyone of their choice.
Raj Kumar Makkad
(Expert) 09 May 2010
Though you have share in the ancestral property of your mother but you legally cannot seek its partition during the life time of your mother.
As your mother had obtained her share (except obtained after death of her father) by way of partition so that part shall not be treated as ancestral qua your mother and grandmother so both of them are free to alienate that share in favour of other persons than their legal heirs but the share share received by them from the death of your maternal grandfather cannot be alienated by them and it shall be duly inherited after their deaths.
G. ARAVINTHAN
(Expert) 10 May 2010
you dont have share / right as of now as your share can be inherited through your mother who is already have partitioned her share
