Nature of property
Adv Vikramsinh Mohite
(Querist) 18 September 2014
This query is : Resolved
Sirs,
One of my friend's grandmother had purchased one flat in 1996. She died in 2004 without making will leaving behind one son and five daughters.
My friend's father and his sisters are still alive. Can my friend claim share in the aforesaid property? Will the said property will be treated as ancestral property?. And how his father's sisters will relinquish their rights in said property if they consent?.
ajay sethi
(Expert) 18 September 2014
it would be self acquired property of her grand mother . on her demise each legal heir would have 1/6th share . grand children cannot claim any share during parents lifetime
Advocate Bhartesh goyal
(Expert) 18 September 2014
Questioned property is not ancestral,Legal heirs of your friend's grand father are only entitled to claim their share but you can not as your father is alive.
T. Kalaiselvan, Advocate
(Expert) 27 September 2014
Agreed, it is not an ancestral property, the legal heirs of grandmother can partition and take their respective share in the property.