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Marinette   09 April 2023

Ancestral or self acquired

My great grandmother acquired the property as part of govt declaration act or mulgani in early 1970's. She has 4 children (2 boys and 2 girls) and had executed a will in favour of her 2 sons but In 1999, the children of one of her daughters executed a partition deed for a share in the property. My grandfather contested it on the basis of the will and the partition deed was cancelled and all sibblings signed a compromise deed. My grandfather became the absolute owner of the property as per court decree. In 2003, my grandfather executed a registered will to divide the property equally between his 2 children (boy and girl).  But in 2005, he was manipulated due to his illness and his daughter got a settlement deed executed in her favour to become the absolute owner of the property while maintaining the life interest my grandfather and grandmother. My father was unaware of the settlement deed and was given an understanding that his share is preserved but realized that his sister has taken his complete share after my grandparents death. I want to know if I being the great grand daughter have a share in the property. Indian inheritance act and not hindu inheritance act as we are christians. Recently supreme court has pased a rule for a girl child to have a share in her father's property, then can my father claim his share. 



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 11 Replies

Dr J C Vashista (Advocate)     09 April 2023

How does your grandfather was declared absolute owner by the Court decree even if other beneficiary of the will with your grandfather (presumed) to have relinquished her share in favour of her brother and your grandfather ?

 

Marinette   09 April 2023

All the parties involved sighed a compromise deed and i believe they relinquished their rights hence my grand father became the absolute owner. 

J K Agrawal (Advocates)     09 April 2023

Property in hands of your grandfather was amounting to 'Self Acquired Property'. So your grand father having right to bequeth it at his wish. No wested interest of great grand daughter as the property in hands of your grate grand mother was also self acquired. 

Marinette   09 April 2023

Thank you. I understand that the property was self acquired by my Great Grand mother but its undivided and passed from her to her son and so on. The law also states that should the property be undivided and passed for 3 gennlerations then it becomes Ancestral. Does it not become ancestral for me as great grand daughter. 

Shashi Dhara   09 April 2023

As  you mentioned you are Christian ancestry doesn't apply for you .

Marinette   09 April 2023

Doesn't the son have any right in the father's property. Everytime we read in the news that girls have right in the fathers property and girls cannot be deprived of their rights and so on, and even if the property is settled to the son, the girl can fight for her share, so why doesn't my father have a right in his fathers property. 

Shashi Dhara   09 April 2023

If he dies intestate then children's will have right over his property and inherits but as you are Christian and grand children you have no right only your father and his sister has right over  your grandfathers property that too if he dies intestate , let your father challenge it in court for his share .

Marinette   09 April 2023

My fathernwas advised that since the settlement was done during the lifetime of the settlor(my grandfather), my father does not have any ground to challenge. Some laywers tell thatbas a grand child, the property becomes Ancestral and hence i can challenge. It is very confusing. 

T. Kalaiselvan, Advocate (Advocate)     09 April 2023

This was your grandfather's property and his title was declared by a court decree.

Therefore there is no legal infirmity in he transferring the property to his daughter ignoring or excluding his son without a share in the said property.

Your grandfather has nbecome an absolute owner of the property with clear and marketable title to the entire property, thus tjhis becomes his self acquired property hence the transfer by a settlement deed made by him during his lifetime is very much valid and cannot be challenged .

This is not an ancestral property from the beginning because the original owner was your great grandmother .  Ancestral property will come from male lineage only 

Among Christians, the inheritance and succession rules treat men and women equally. Also, their property is treated as self-acquired, in spite of its mode of acquisition and during one’s lifetime, nobody else can contest for it.

Marinette   09 April 2023

Thank you. There are so many articles stating that children have equal share in their fathers property and recently the supreme court passed a decree that girl child cannot be excluded from a share of her father's property. Thrn why cannot this be applied in my case and also why is my father deprived from his share. My grandfathers will states that the property must be shared equally amongst both thier children but on the day the settlement deed was executed, the will was cancelled. Also my father was never kept aware of the settlement deed nor has he agreed to settle the property to his sister. When we question, we are told that my father was not interested in getting his share. Also the settlement deed is executed stating that my father's sister is dependant on my grandfather and hence it was settled in her name while she was not dependent on my grandfather as she is settled abroad and is a business woman. 

T. Kalaiselvan, Advocate (Advocate)     11 April 2023

It is your grandfather's self acquired property,  he can dispose the same in any manner. 

The law what you refer is for intestate succession of ancestral property and not over the self acquired disposed during the lifetime of the owner. 

Don't misinterpret law to your convenience. 


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