• Ancestral property

We have one agriculture land which my grandfather purchased by her mother name. After her death it was transferred by my grandfather name. My grandfather during his lifetime made will of the property by his son's name. Now my grandfather is not alive. Property is transfered to all sons name. Now My sister is asking for share as an ancestral property. Is she entitled for the share.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) on his mother death grand father was absolute owner of property

2) he could bequeath the property by will to his son

3)your sister has no share in property during her father lifetime

4) only if father dies intestate would she have share in the property

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

1) father can execute will bequeathing property to you

2) the will should be attested by 2 witnesses and registered

3) sister would not have any share in said property

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

property which has remained undivided for 4 generations is ancestral property

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

This is not ancestral property.

It is your father's own and absolute property.

Therefore during his lifetime nobody has any rights in it.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

The will can be enforced on after his lifetime hence she may create problems then though it may not be maintainable.

However to avoid any such litigation in future it would be better to execute a registered settlement deed now to your name.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

This will not come under the category of ancestral property

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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