There is no limitation for claiming equal share in ancestral property provided the property. You can very much claim equal share in the property through mother. Issue lawyer’s notice to legal heirs seeking partition and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share. include all ancestral property in suit and make all legal heirs parties to the suit.
Can I have equal share in my mother’s father’s property
My mother has 3 sisters and 3 brothers(total 7 people and my mother is 6th out of 7 people). My grandfather has written a will in 1983 dividing majority of his share(40 acres) of land to his sons and only small portion(15 cents per person) to his 4 daughters. My grandfather passed away in the year 1984. Now, in the year 2021, can I claim for equal rights in that property as a maternal grandson? Note: I belong to Telangana region and reside in Hyderabad. The above stated property is in my mother’s village in Telangana region which is 175 kms away from Hyderabad.
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
You cannot claim equal rights in the property as grandson
2) Father had by will bequeathed only small portion of property to your mother
3) during mother lifetime you have no share in property bequeathed to her
4) you would not get any share in grand father property
Your grandfather had already distributed his property among his children as per his desire and decision.
If at all there was any grievances over this distribution, your mother only should have raised this issue, whereas she never opened her mouth so far about the lesser allotment of property to her.
This is neither an ancestral property nor you have any rights in the property hence you cannot claim any share in the property as a right.
You can only have share in your mothers share if any in that property.
No you can't. The property shall devolve as per the Will of the owner.
Thanks all for your responses. Taking into consideration the below details too, can someone give me a more accurate and reliable answer please? For your information, I have added more details below: My mother passed away in the year 2013. My grandfather(my mother’s father passed away in 1984) & he has inherited his property from his grandparents. The will he has written in 1983 is not a registered will. He has written it in a white paper in front of two witnesses(they too passed away). Moreover, it’s an ancestral property and my grandfather didn’t earn it on his own. Also, supreme court gave a judgment about female having equal rights in her father’s property. Isn’t this applicable to us or the will that my grandfather has written is ultimate? Please clarify!
Asked 3 years ago
You can file suit to claim equal share in property as it is ancestral property
Non registration does not affect validity of will . However if it is ancestral property then grand father could not have bequeathed it by will
Dear Sir/Ma'am
If it was ancestral property, your mother has a share in it.
Seeing that your mother is no more, you may file a suit to claim her share.
Thank you
This property is not ancestral property in your grandfather's hands.
Since your grandfather has already distributed this property among his children by a Will, it is concluded that the property matter has been settled.
Your mother may have an equal rights in the property if her father was reported to have died intestate whereas he had distributed his property by a Will, hence she has to be contended with whatever share she was allotted with by her deceased father.
The latest supreme court judgment is applicable for the ancestral properties alone and not for the self acquired or an individual's own and absolute property.
- As per law, it is not mandatory to be a registered WILL , and if it is written in a white paper in the presence of two witnesses , then it is a valid WILL.
- Further for being an ancestral property , it should come from three earlier generation, other wise it is considered as self acquired property.
- Further , as that property was already distributed by grandfather , then you can claim a share in the mothers share only.
Yes its applicable in your case