Yes, all legal heirs has equal share in the ancestral property, so your grand father's share can WILL and not for whole property on behalf of all shareholders.
My grandfather received his share of ancestral property through family division/partition 40 years back, he died 4 months ago leaving a will in the name of my father, does my aunts(father's sister) have any right for claim on ancestral property? will the property received by my grandfather after family division be considered as ancestral property? what is ancestral property then?
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Yes, all legal heirs has equal share in the ancestral property, so your grand father's share can WILL and not for whole property on behalf of all shareholders.
First of all please be aware that every will which is made for ancestral property can be challenged and it is invalid to make will for ancestral property . All the legal hairs have automatic ownership of that property until that is transferred to their name and in case the property is being disposed before then the no objection certificate from all the legal heirs is required so in this case all the legal heirs of your grandfather have right to challeng this will.
Property which has remained undivided for four generations is ancestral property
2) it is not ancestral property
3) grand father can bequeath property to your father by will
4) your aunt has no share in property
Hello,
1. Property which is atleast Four generations old is classified as "Ancestral Property".
2. IF Ancestral Property is duly Partitioned via a Partition Deed or Partition Suit, THEN such property becomes "Self Acquired" at the hands of recipient of property and then such property will loses its status of "ancestral property" AND cannot be claimed by other legal heirs, including Father's Sister's.
3. By virtue of Grandfather's WILL, Father becomes the absolute Title-Owner of such "Self Acquired" property (earlier ancestral property) and ONLY he can Sell /Gift /Transfer /WILL /Donate /Mortgage /whatever.... to anybody without any legal reference or NOC from any of this legal heirs.
As I have read that a property should be 4 generation old that it should have been owned by great grand father and it should not have been divided in any generation then only it would be called ancestral property, here in my case this property was partitioned 40 years back and was given to my grandfather after partition, will this be called ancestral property or self acquired property?
IF Ancestral Property is duly Partitioned via a Partition Deed or Partition Suit, THEN such property becomes "Self Acquired" at the hands of recipient of property and then such property will loses its status of "ancestral property"
Hello,
- Since, your grandfather had received his share from his ancestral property , then after receiving the same , now it become his self acquired property .
- Further , being the self acquired property , your grandfather was having his right to transfer the same to anyone as per his own wish.
- Hence, as he died after leaving a WILL in your fathers name , then this WILL cannot be challenge by your aunts legally , and they have no right to claim over the said property .
- If aunts creating problem , then your father will have apply for getting Probate this WILL from the district judge court.
Good luck and dont forget to rating Positively.
Ancestral property means property which is coming from last four generationsd definitely the property will be divided among the legal heirs in-between but the nature of the property will not change and that will remain be the ancestral property any will for this property will always be contestable.
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It is not ancestral property
property which has remained undivided for four generations is ancestral property
in present case partition of property has taken place
If it is legally divided already then it will not be an ancestral property. It should be divided through gift deed, partition deed or decree of court etc
On the birth the of forth generation, property received through partition resumes ancestral status in the hand of receiver.
You are 4th generation. Avoid all claims and Secure the title under WILL. Let sister`s challenge it. Legally they have share in the property and WILL is valid to limitation extant.
Definitely Ancestral Property.
If you are able to show and prove by documentary evidence that property under question was bought by your grand father and he paid out of his pocket then WILL is valid otherwise NO.
It is Ancestral Property.
After partition the share of property your grandfather inherited shall become his own and absolute property.
Therefore your grandfather need not take consent or permission from his other children to alienate or sell or to transfer his property to anyone of his choice.
Thus your father's other siblings cannot challenge this Will nor they can claim any share in the property as right because it is no more an ancestral property after it was partitioned during your grandfather's lifetime.
Your understanding is absolutely right.
This property is not an ancestral property for the reasons you have stated in your subsequent post.
Once the division/ ancestral property partition happens, it becomes the self-acquired property and not ancestral property.
It is an ancestral property as your grandfather received it via partition. But he wrote a will and hence the property goes to your father.
The property was partitioned but still if there was no will then the sisters have a share if there is a will then not.
The property was partitioned but still if there was no will then the sisters have a share if there is a will then not.