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Nee   22 August 2015

Does inherting immovable property becomes ancestral property

If A has property in Pakistan (nature is unknown of this property when self aquired or ancestral) and he died say in 1920 and his Son B inherits that property . In 1952 the son B got the property in India against the Immovable property left by him in Pakistan .B died in 1994. B had 3 sons and 3 daughter . 1 son of B sold that property . can the other son of B claim it as Ancestral Property in India since it was immovable property in Pakistan ?  OR will it be called as seperate property of B and he could have sold to anyone in India ? Or Does Pakistan property needs to be 4 generation old following which it qualifies as ancestral .?

IF immovable properties of Pakistan is ancestral , please let us know the law where it is written ? 

Also please answer for each scenario written above ?



Learning

 1 Replies

saravanan s (legal advisor)     22 August 2015

if b died intestate then all the class 1 legal heirs are entitled for equal share.so one of the son of b cant sell the whole property.on the other hand if b had wrote a will then you cant lay any claim over the property


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