Abi Siva 10 March 2025

Ancestral property related issue

Hi, We have a house in my grandmother's name. It is earned by my grandfather. They have 3 kids- 2sons and 1 daughter. My father is the first son and he has 2 kids- me and my brother. My uncle is having 1 son but they are under divorce case and expecting partition shortly. My aunt does not have any kids. The will that my grandfather has written is like house is for my grandmother and she can write it for anyone she likes. Now for separating the house my grandmother is going to write the house for my brother and my uncle's son. And all jewels and cash to my aunt. I am not getting any share here just because I am a girl. I'm wondering if the properties are separated for grandsons, then jewels and cash should come for granddaughter and not daughter. Or some share should be giving for me in house. Kindly suggest if I can get some justice for this? If this case is valid if I claim stay in partition. Thanks in advance.

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3 Replies

Tron Tx 10 March 2025

Since the house was earned by your grandfather and is now in your grandmother’s name with full testamentary rights (as per the will), it is considered her self-acquired property. Under Indian law, the owner of self-acquired property has the absolute right to dispose of it as they wish through a will. This is distinct from ancestral property, where coparceners (like sons and daughters) have a birthright to a share.

P. Venu (Advocate) 10 March 2025

Yes, the property is not ancestral. The grandmother can dispose of the property that is bequethed to her by the late husband at her discretion.

T. Kalaiselvan, Advocate (Advocate) 10 March 2025

your claim for a share in your garndmother's property that too when she and her children are still alive is not at all maintainable..

The property of maternal grandmother is not ancestral property.

The property is on your grandmother's name, so she has full rights to transfer them to any person of her choice and by any mode of transfer she may decide.

Since you have no rights in her property do not venture into any fancy idea of litigating the issue through court, because it will not be mainainable.