Van Dray 01 June 2022
Property is bought by A and A's son B together in equal share i.e 50-50 in 1979. A is deceased, so is his wife in 1998. There are no other legal heirs. Today in 2022, whilst B is still alive, in case of a dispute with wife and adult children, should the property be considered as 50 percent ancestral and 50 percent self acquired by B?
Advocate Bhartesh goyal (advocate) 01 June 2022
Wife and adult children of B have no right over A's property. A's property is not ancestral property ,property rights devolve to B as legal heir of A only.
Dr. Jyothi Vishwanath (Associate Professor of Law) 01 June 2022
A and B have acquired the property jointly. the source of income for its acquisition has to be checked. if the money used for buying it was from joint sources, then this property is ancestral and his adult children will have birth right in it.
SHIRISH PAWAR, 7738990900 (Advocate) 01 June 2022
Hello,
A and his wife both are deceased. Now A's son B is the only legal heir. B is already the owner of 50% property so the balance of 50% has to be transferred in the name of B. In this case the question of whether the property is ancestral or not is immaterial.
Dr. Jyothi Vishwanath (Associate Professor of Law) 02 June 2022
If B is alone, he is sole owner. but if his wife and children are present, rule will be different
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