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Malathi Malu (Homemaker)     15 May 2018

Ancestral property and self acquired property

Hi All,

My grand mother had 2 properties, and one son. My grand father had one more brother, who had 4 sons.

1) Self acquired

2) Inhertited from my grand father (after expiry), which is self acquired by my grand father.

Through will, she distributed 50% of each of the properties to her son and 4 sons of my grand father's brother.

I understand that, she can distribute the property as per her wish pertaining to her self acquired property, but whether she can do the same for Inhertited property.

After inhertited from my grand father, there was no property division between her and her son.

Please clarify.

Thanks in advance.



Learning

 6 Replies

R.Ramachandran (Advocate)     15 May 2018

1. It is not clear how your grandmother got the entire property mentioned by you at (2) above, after the expiry of your grandfather. 

2. The question is when your grandfather had one son (i.e. your father), the property should have been inherited equally between your grand mother and your father.  This was not done.  

3. Even assuming that she had distributed 50% of the property mentioned at (2) above between her son and sons of her brother-in-law, the remaining 50% should lawfully belong to your father.  Therefore, your father can definitely claim the 50% to himself.  BUT THIS CAN BE DONE ONLY AFTER KNOWING THE EXACT ANSWERS TO questions at para 1 and 2 above.

Malathi Malu (Homemaker)     15 May 2018

Dear Ramachandran sir, Answers to your queries are as per below:

1) Yes, my grand mother and my father inherited the property after my grand father's expiry. He did not write any will.

2) Though inherited by my grand mother and my father, there was no partition made between them.

3) As the property was distributed through will, there was no consensus of my father on this matter. Based on the above answers, could you please provide your valuable advice whether my father can claim 100% of (2) property. Thanks in advance.

Malathi Malu (Homemaker)     15 May 2018

R.Ramachandran (Advocate)     15 May 2018

In your first post, you FAILED to state that your grandfather had left a WILL behind, and on the basis of that WILL the property was transferred (mutated) in the name of your grandmother.

If that is the position, then your father has no share in the property at all, when your grandmother is alive.

As the property has come by way of WILL to your grandmother, she is the absolute owner of the same and she can distribute it in any way that she likes.  (Unless there is something in the WILL according to which your Father has to get some specified share from the property left behind by your grandfather).

It is one more instance, where the querists fail to give complete facts, but seek some answers to their query based on half information.

Malathi Malu (Homemaker)     15 May 2018

Respected sir, there was no will which is left by my grandfather. Post his expiry, (2) property was taken over by my grandmother. There was no partition made between my grandmother and my father. Hope this clarifies.

R.Ramachandran (Advocate)     15 May 2018

If there was no WILL by your grand father, there is no change in my first answer.


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