Only if it's ancestral property you need to pay otherwise you don't need to pay any legal heir
Do my minor kids have sharing rights in my properties, once they turn 18 years old?
I am separating from my 1st wife, from whom I have two minor kids. I have to support my kids financially till they turn 18 years old, which I will happily do. Currently, I have a flat in Mumbai, which was initially in my grand parents' names, followed by my father and I as joint owners. Post my father's death, my mother & I are owners. Is this an ancestral property? If yes, then, once, my kids turn 18 years old, and they don't want to maintain any relationship with me , then, will they have a share in the property, and how much is the percentage defined? I also, have a house in Pune, where it was a self acquired property by my father, and I was a joint owner in the house. Post his death, my mother and I are joint owners. Do I have to pay my kids am equal share in the property, if my mother and I sell the house?
Asked 3 years ago in Property Law
Religion: Hindu
17 Answers
1. The Flat in Mumbai, which was initially owned by your grandparents's names, will be considered as Ancestral Property in the hands of your two minor kids, if without any record of partition between your grandparents, father, you and your mother, the status of the property still remains the same as it was at the time of your grandparents.
2. Ancestral Property is one which has traversed, without break, from great grandfather to great grandchildren.
3. Based on above, if the Flat in Mumbai were to be considered as Ancestral Property ( subject to conditions stipulated above ), then your two minor children are to be considered as coparceners, who will have right over their great grandparents's property. The percentage of share will be equal and on par with other legal heirs.
4. In respect of the house you own in Pune with your mother, it's not a Ancestral Property for your two children and will be considered as the property having the characteristic of self acquired property in both you and your mother's hands, during both's lifetime. There's no obligation for you to share the proceeds with your children, when you sell this Pune House, as this property in Pune will be considered as self acquired property of you and your mother, during both's lifetime.
It is not ancestral property
2) they have no share in property during your lifetime
3) you don’t have to pay your children equal share in Pune property in event you sell the house
1. The flat in Mumbai is ancestral property belonging to all family members.
2. They do have right to claim share in the flat. They can claim their share even now through their next friend and guardian and after 18 they can themselves claim their share.
3. They have equal share with grandmother, father and mother; one fifth for each 20 per cent.
4. Even house in Pune is ancestral property and kids will share it in the proportion stated in 3.
Both the properties in Mumbai as well as Pune, are your own and absolute properties insofar as your share in them is concerned.
Therefore neither your children nor anyone has any rights to claim any share in it at least not during your lifetime.
The 1st property is ancestral and therefore they can demand a share from you.
In the second property it is yours too and hence they cannot demand your share as it is in your name and your mother's name.
Other than that they cannot demand anything from your self acquired property.
- As per law after getting the share from grand parents , it will considered your self acquired property , and you having your right to sell and transfer the said property to anyone as per your own wish.
- Further , none having right to claim over your property during your life time , and only after the demise your said kids can claim a right over the same.
- Your kids having no right to claim over your or your fathers property during your life time.
1. the Mumbai house is not an ancestral property. Your kids from first wife will continue to have a right in the house even after they turn 18. However this right will accrue to them only on your demise. So as your legal heirs, they can lay a claim. But if you transfer this house in your lifetime to someone, then they will not be able to claim.
2. the Pune house can be sold by you. Your kids cannot come in the way as till the time you are living, they have no right in your properties. As beforestated that right crystallises only after you die intestate.
Dear sir,
Divorce/Separation does not end inheritance right of child. As per hindu law your son/daughter has right over your ex husband properties if it is ancestral. Neither the wife nor their children can claim any share in his self acquired or inherited property, not at least during his lifetime.
Thank you
1. Has the title of the flat at Mumbai legally flowed in record from your grandfather's name to finally your name through your father's name?
2. If yes, then it is not an ancestral property and your kids are not entitled any share of it and also your Pune house during your life time till you die intestate.
The flat was originally bought in the year 1977. The first registered holders of the Mumbai flat share certificate were my grandparents in a co-operative housing society. My grandparents had two sons and two daughters. They got a release deed on stamp paper, signed by my father's younger brother and two younger sisters, surrendering their rights over the property and giving 100% ownership right to my father. Post their death, my father became the owner / member / registered holder of the share certificate. My father registered my name jointly in the share certificate, applying to the society for myself as an associate member. I am the only child of my parents. My father has passed away, and he died intestate. My mother and I are the only legal heirs to my father's assets. We do not have copy of the initial flat purchase in the year 1977 between my grand parents and the builder. The society had gone into redevelopment in the year 2013, where we have a registered flat agreement copy between the builder and my father and myself. Considering the above information, is the Mumbai flat an ancestral property in current scenario, or can it be defined as a self acquired property?
Asked 3 years ago
It is not ancestral property
2) it is self acquired property of grand father inherited by your father
Is the release deed registered?
The property is not ancestral and is a self acquired property of your grandparents
Dear Sir
Since the property has been in the family for three generations now, it will qualify as ancestral property as per hindu personal laws.
Therefore your children will have a share in the property.
After your death, both of your children will have an equal share in the flat.
Thank you
This is not an ancestral proeprty for any reason.
The share certificate of the society is not a title document.
You and your mother are the legal heirs to succeed to the estates of your deceased father, hence both are entitled to an equal share in the property left behind by your deceased father.
Even though he inherited this property, it becomes his own and absolute property hence it cannot be termed as ancestral property and nobody other than his own legal heirs can claim a share in the proeprty as a right.
1. The certified copy of the Sale Deed registered in favour of your father can be obtained from the officwe of the local Registrar.
2. Was the said release deed in favour of your father registered by his brother?
3. The said flat is not an ancestral flat at all.
It's a self acquired property now.
- You can submit the legal heir certificate before the society
- Further , if the released deed was registered , then you can take the certified copy of the same including other title documents from the office of registrar.
- It is self acquired property of your father.