Yes they are legally eligible as per the Hindu Succession Act.
All the legal heirs of the ancestral property have a share in the land.
Ancestral property devolves as per the law upon the legal heirs.
Regards
Dispute on ancestral property
My maternal Grand parents gifted their land to my parents on a sale deed, on the occasion of my mother's marriage, 29 years since now. But the ownership of a house in this property was transferable after the death of my grandparents. This is an Ancestral property from my Great grand mothers side. After the death of my Maternal Grand father last year, my grandmother transfered the right of Ancestral home with the land it occupies to my parents name. One month after this transfer of property, my 02 uncle's approached the court for their part of Ancestral property. One of the uncle was minor at the time of my parents marriage and other signed on the sale deed as a witness. Are my uncle's legally eligible ?
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
6 Answers
Yes, they are legible because one cannot sell, will-away or gift an ancestral property. That's because all the legal heirs have joint and undivided right in an ancestral property until the time it is partitioned by metes and bounds, and each of the legal heir gets his/her own share.
It is not ancestral property as far as your grand parents are concerned
2) your parents are absolute owner of land
3) if your grandfather died intestate your grandmother, your mother and uncles would have share in house
4) your grandmother could only transfer her share in house
Dear Client,
First of all it may not be sale deed but conditional gift deed effective after the death of maternal Grand parents and if the grand mother transferred the right to your parents , she can only transfer her share as property will be inherited equally by grand mother and her children.
But if the property is already been gifted to your parents 29 years back than what was the need to execute another gift deed by grand mother.
AND what is this - house in this property was transferable after the death of my grandparents
Please be clear on what document you are asking question.
If it is the sale deed as you have mentioned in the last sentence, which is executed and acted upon prior to 29 years then your uncles have no rights over the property sold to your parents.
The porperty under maternal side cannot be an ancestral property in nature or character.The ancestral property if always from the paternal side.
If the property belonged to your grandmother then it shall be her own and absolute property even she inherited from her mother.
As the property was transferred by a registered sale deed to your mother by her mother then your maternal uncles cannot claim any share out of it, also since yor grandmother is living she has full rights to dispose the same in any manner and desire.
Your uncles' claim is not maintainable.
