william lobo (consultants for electrical projects) 13 November 2009

ancestral property gifted

Can the daughter of the ancestral property gift the property again to her daughter. This property was of my father and my mother made a will. But will was not executed. Now my sister has managed to acquire maximum property in subdivision by her astute lawyer.

Can I the son get equal share in the property. What should I do now. Also my brother has sold his share and as per will this cannot be done. It should be sold only to the brother i.e. myself.

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3 Replies

Ram (Practice) 14 November 2009

What is the will says. Since it is yr father 's property ( self aquired ) he has right to give it to anybody either to u or all or even to third party. It is not a ancestral property . Only ancestral property can only be claimed by daughter if father didn't wirte a will.

SO u have the right if it is in yr name in the Will. Since will is there , succession will be as per that only

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Dr M.K Mehra (SDD) 14 November 2009

my father owns a flat in a society at DELHI.unfotunately he expired he did not do any will or wemade mother co owner.he is the sole owner of flat.we are 03 brothers &03 sisters.

my ques is

1/is my mother becomes sole owner of flat.

2/if not what is the procedure to make mother the sole owner of house.

3/can any of the family member ask for his share in property

thanks

Adv Archana Deshmukh (Practicing Advocate) 14 November 2009

1. No. your mother will not be the sole owner of the flat. The flat belongs to all the legal heirs of your father. Your mother, you, your brothers and sisters have equal share in the flat.

2. All the legal heirs can execute relinquish deed of their shares in favour of the mother to make her the sole owner of the flat.

3. Yes, any of the legal heirs, can ask for his share seperated.