Will
tanya khurana
(Querist) 20 May 2013
This query is : Resolved
hi recently i get to know that the property which my grandfather posses it was acquired from his mother ( my grand father mother had acquired it by herself and gave it to my grandfather ).it is not a self acquired by my grandfather .well i want to know whether it can be consider as an ansestral property or an self acquired property .and now my grand father is planing to will this property in the name of his three sons with out including my mother his only daughter, i want to know that now again that if he registered this property in the name of his sons will my mother be able to claim her share in this property .well the property comprises only land
Anirudh
(Expert) 21 May 2013
It is not ancestral property in the hands of your grand father. It is his private property.
Hemant Agarwal
(Expert) 21 May 2013
1. Agree with Hon. Arirudh. The property under question cannot be classified as "ancestral property".
2. A will can be successfully contested / disputed on various grounds and the anticipated purposes can be achieved.
3. However, IF the said property is duly Gifted to the three sons, during the lifetime of the Grand-Father, THEN the daughter wont be able to do anything, of course to the exception of proving that the Grand-Father is insane or mentally un-stable or was petrified and so on.
4. Usually, negotiating tactics rules the roost in such type of property matters.
Keep Smiling .... Hemant Agarwal
Advocate Ravinder
(Expert) 21 May 2013
I agree with anirudh,
As your grandfather got the property from female (his mother) it will become self acquired property in the hands of your grand father. If it would have got it from male, it would have become ancestral.
He can dispose the property to anyone of his choice, since he is still living. If he dies without writing a will, then it will go to his legal heirs as per succession act.
