Dear Sir, I would like to know below situation property treated as Ancestral property and own property to my grandfather, father and ourselves. 1. In 1976 my grandfather and his brother has done partition. My grand father got 10 acre as his share from partition. My grand father died in 2008 and all 10 acres is in my fathers name now. 2. My father (76 yrs) is the only son to my grandfather and all 10 acres in my father name after my grandfather death. We are 3 sons and 1 daughter to my father. So, now my question is as below. 1. Is 10 acre of property which is in my father name is ancestral property to us or own property to my father as may local advocate saying it will be joint family property/ancestral property. 2. Can my father can make will to a any single son or it has to be divided to 5 shares (3 sons+1 daughter+parents) 3. My father do want to give share to 2 sons (Govt employee)and 1 daughter as they are not taking care parents and giving lot of issues/troubles in there old ages 4. I recently came to know that my grand father made a WILL in favor or 3 sons equally in 1990 only and not given any share to my sister. As per local advocate, WILL is not valid as it become ancestral property and not self acquired property to my grand father. 5. Please advice should I go with my grandfather WILL, or ask my father to make a WILL as per his wish, or go with partition suite against my father.? 6. I am getting very confusing advices please when I consult local advocate as per advice here. Please provide if any specific judgment which i can refer as per your advice and i will be more confident. .
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1) it is not ancestral property
2) property which has remained undivided for four generations is ancestral property
3) father can execute will in favour of one son
4) reasons should be mentioned for dis inheriting other children
5) executor should apply for probate of grand father will
Sir, I communicated with multiple advocate to file grandfather WILL. But no one is taking it locally and saying WILL is not valid as it is ancestral property and not self acquired property(my grandfather do not have any rights to make WILL). what should i do now.
1) while granting probate court does not go into fact whether grand father property is self acquired or ancestral
2) court does not go into title of property
3) court only considers whether will was executed by testator and whether it is attested by 2 witnesses or not
4) probate is judicial proof that will is genuine
WILL has been done for 3 grandsons. Can I alone ask or execute the will for my share as per WILL as other 2 son not participating or may not join with me to execute the WILL.?
Executor has to apply for probate of will
if executor refuses to do so any of the beneficiaries in will can apply for probate of will
Hi, As the property is the ancestral property the will executed by your grandfather will not valid, in worst case Will to an extent of his share may valid. As the property is the ancestral property all children's of your father have right over them.
Dear Sir, As per Hindu act after partition property will become self acquired. kindly let me know on what basis it will be still ancestor property even after partition between 2 brothers. 80% answers as self acquired and 20% answers are ancestor property to my grand father. So, i am in confusion.
It will be self acquired property of your father if the same is received vide gift or will to him. It will be ancestral received in routine without the aforesaid fact.
Yes if it's self acquired he can make a will.
If self acquired it's his will to give or not.
If it's ancestral you can challenge the will in court as he can't legally make one
Yes you can alone ask
It is not ancestral property
once partition has taken place it ceases to be ancestral property
1. Ten acres of property, which is in your grandfather's name can't be considered as ancestral property but separate property in your grandfather's hands having the characteristics of self acquired property, if the partition of the property between your grandfather and his brother was through a registered Partition Deed.
2. Your father, during his lifetime, can name only one son as the beneficiary orr can give it to all his children, as per his sweet wish and will.
3. Since it's considered as self acquired property in your father's hands, it's up to him to deny share to 2 sons and 1 daughter.
4. WILL executed by your grandfather will be valid, if it had been witnessed by two persons.
5. Go with your grandfather's WILL.
Dear Querist in relation to your question my advice to you is as follows:-
1. As per Hindu law, the property will be treated as self acquired property only. There are so many judgement of the Hon'ble Supreme Court and various high courts which have cleared on this concept which properties can be treated as self acquired and which not.
2. For being an ancestral property, the property should not be divided among brothers or sisters and it is passed upon descendents as one unit for three generations without any gap, only then a property can be treated as ancestral property.
3. As per your case, your property was divided by your grand grand parent and then it was inherited by your grandfather as being only son, so he will be considered as first generation and afterwards to your father, second generation but in the second generation it was inherited by your father solely, you are third generation but as it will be distributed among you as per your share, so it can't be considered as an ancestral property.
4. Your grandfather could legitimately done a will of this property as self acquired property, so it can be executed.
5. Yes, you can ask for partition of a suit property as per Hindu succession act.
6. Will can be a registered as well as non-registered document.
7. You don't have to execute the will, a will comes into existence as soon as the person executing it dies. So, the Will is in power and you just have to ask for your own share before a court in accordance with this Will through a partition suit. You can file a partition suit in this regard.
8. If this is a case, that you think the Will is forged or fabricated you can file a case against other persons for a declaratory suit in order to declare that Will null and void and pass on the entire shares in ur favour.
Lastly, my advice to you is you can claim your share.
Feel free to call.
Dear Sir,
This will be considered as self acquired property and not ancestral as there was partition after which it has not yet passed down to 4 generations. Your father can make a will to give it wholly to anyone or no one at all. Your grandfather's will might not apply as the property is your father's now.
1. It is not ancestral property but your father's own and absolute property.
If he is reported to have died intestate then the properties left behind by him shall devolve equally on all his legal heirs.
Since your father is living, the property shall be his own and absolute proeprty with clear and marketable title on his name, it is not not joint family property.
2.During the lifetime of your father, he is the only authority to this property, he can dispose or alienate or transfer it to anyone of his choice in the manner he may desire and decide.
3. Your father's decision cannot be legally challenged.
4. You said that your grandfather had only one son then from where three sons came?
The property once partitioned legally, loses its ancestral character even though it was an ancestral property.
It is certainly not ancestral property.
If there is a Will and it came to your knowledge only recently then you can file a petition seeking probate of Will to enforce the bequest made in the Will, if you are one of the beneficiaries.
5. Partition suit against your father is not maintainable or tenable in law. Hence you better pursue the Will itself.
6. There are plenty of judgments in this connection, you may engage the services of an advocate on his or her terms for further clarification on the basis of your concept.
The Will is very much valid, hence you look for an advocate who will take up your case and do not repeatedly approach the advocate who is not willing to take up your case on some flimsy grounds.
Being one of the beneficiaries of the Will, you may issue notice to the other beneficiaries seeking partition of the proeprty bequeathed in the Will as per your legitimate share i it with separate possession.
If they do not come for an amicable settlement, you may file a suit for partition based on the Will seeking your share alone.
You should not get confused over several legal opinions from various advocates.
You may pursue the matter through the opinion which is convincing as well as beneficial to you.
If you keep asking the same questions repeatedly you may not be able to get any benefits out of the Will in your favor neither you would be able to achieve anything.
You may approach an advocate who would be ready and willing to take up the case on the basis of the Will to get you your share in the property instead of doing nothing except getting confused and remaining silent.
Dear Sir,
It is not ancestral property as it is severed on the day of partition. Please the definition of it.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
1. As per law, after getting share in the ancestral property , it considered as self acquired property .
- Since, your grandfather has got share in the property after partition , then it become his self acquired property , and by this way he was having his right to transfer his share to anyone as per his own wish .
2. After the death of your grandfather , this property would be devolved upon his wife and your father being only son.
- If your grandmother is alive then the property would be distributed equally between her and your father .
- Further , your father is having his right to transfer the said property to anyone , and none having right over the same.
3. Yes , he having his right to transfer to a single person.
4. Your query is not clear , as you mentioned that your father is only son.
