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balaji n   14 November 2017

Difference between ancestral and inherited property

x(male) y(female) inherits properties from father z after 1956.  X has three sons and two daughters. X died before 2004. No partition/sale done before 2004.

1. Daughters have right in the inherited property of x ?

2. Can x will his inherited property ?



Learning

 4 Replies

Kumar Doab (FIN)     16 November 2017

It is believed that all involved are Hindu.

Confirm!

Kumar Doab (FIN)     16 November 2017

The nature of property that devolves by inheritance is self acquired.

From the narration by you in your query the nature of property is ought to be self acquired.

Rest you may show the mutation records and all link docs and inputs and facts on enjoyment of property to a very able LOCAL counsel specializing in revenue/civil matters and well versed with succession laws that apply in this case and your customs and your state laws for a considered opinion.

 

Kumar Doab (FIN)     16 November 2017

In case of Hindu’s; Ancestral property; Property inherited upto 4 generations of male lineage i.e. Property inherited by a Hindu from his father, father’s father or father’s fathers’ father…..

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

 

Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.

Married Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.

 

From the narration by you in your query the Daughters are ought to have a (equal) right in property of Father.

X could dispose the self acquired property/share by a valid WILL in his life time, as per provisions of personal laws that applied in his case. You have posted that X has died.

Kumar Doab (FIN)     16 November 2017

You have posted another query at;

https://www.lawyersclubindia.com/forum/Right-of-female-in-property-156003.asp

 

Rekate with facst of the matter(s) at your hands.


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