Ancestors property can only be given to heirs in the family, it is their right and no one can take it from them. Yes you can claim your share.
Can a daughter get claim over what is not given to her by her mother
My mother made a will of her property and house giving an equal share to my brother and me. Now as she is staying with my brother she wrote a second will leaving all her property to my brother. the property was my father's ancestral property but he wrote a gift will to my brother. Similarly my mothers ancestral property was given to my mother as a gift will to my mother. that my mother wrote a gift will and gaveit to my brother's daughter. can I challenge this will
Asked 3 years ago in Property Law
Religion: Hindu
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18 Answers
sorry, my father made a gift will to my mother not my brother. And my mother has written it in my brothers name in her second will
Asked 3 years ago
I understand what you say but I just want to be a little more clear If the ancestral property is given as a gift will still can it be challenged. I am my mother's only daughter.
Asked 3 years ago
A will can be written and the property can be given to anyone a person likes. If the property belongs to your mother then she can give it to anyone she wants. The will can be changed by her only. Nobody else.
If the father's property is ancestral then you have a share.
Ancestral property cannot be gifted or willed. Every legal heir is entitled to have an equal share in the ancestral property.
Your father had ancestral property and therefore his children too have a share. He cannot have given this property to his wife in a will. That will should be challenged.
An ancestral property doesn't belong to the son only. It belongs to the grandchildren too. Therefore it can be challenged.
Let me state my answer again. Your father had property which was ancestral. He gave it to your mother through a gift deed. He had no right to do that. You and your siblings and your children also had a share in that property.
You have a share in that property. You can and should challenge this will and the gift deed.
Kindly clarify on what basis you say it is ancestral property
you can file suit for partition to claim share in property if it was ancestral property
You can take the plea that your father could not have bequeathed property to mother by will as it was ancestral property
that you have equal share in said property
It can be challenged provided it is ancestral property
Ancestral property can't be gifted or willed to anyone by any one person when the rights of other coparceners exist. You can challenge the WILL executed by your mother in favour of your brother bequeathing the entire ancestral property ignoring your inherent right as one of the coparceners for the ancestral property.
Thank you. Civil cases do take more time, but not as long as 25 years, but may take 2 to 5 years.
Hi
In general, ancestral property means property inherited from great grand father by grand father and thereafter father. Daughter has equal rights in ancestral property and in law, ancestral property cannot be transferred either by Gift, Will or sale unilaterally by inheritor(i.e your father).
You can file your claim in the said property by filing a partition suit and handing over of possession. You should implead your mother and brother as respondents in the suit.
Hope this information is useful.
Madam
You do not need a copy of the WILL to file the case. All you need is to enforce your rights on the suit property .
Hope this information is useful.
Ancestral property which belongs to different shareholders cannot be gifted without everyone consent. Only his share cba be gifted by donor. So it can be challenged
- As per law , if that property was an ancestral property of your father , then he was not having right to execute a gift deed in favour of your mother.
- However, if he got his in the ancestral property then he was having right to transfer the property to anyone.
- Further, if your mother has got her share from her fathers ancestral property , then it will considered as her self acquired property ,and by this way she can write a WILL in favour of your brother without getting your consent.
- Further , if this is an ancestral property of your father , then after his demise you having equal share in the property and mother can given he share to your brother only and not others.
It appears that your father and mother acquired the properties from their respective parents, thus the properties acquired by them shall become their own and absolute properties.
in the give situation they can transfer their properties to the persons of their choice, the other dissatisfied children cannot claim any share in it as a right, hence you may not be able to challenge their Wills.
If your mother becomes an absolute owner of the property that is lying on her name, then she can very well transfer the same to a person of her choice during her lifetime, which cannot be challenged by any other person.
Dear Client,
An ancestral property if gifted by a gift deed can be challenged in a court of law. You should file a petition before the concerned court as after the commencement of the Hindu Succession Act, 1956 both son and daughter can inherit the property.
THank you
If your father was an absolute owner of the property that he had inherited from his father then he can very well transfer it your mother.
This may not be an ancestral property.
If transfer to your mother has been accepted then you cannot challenge the transfer made by your mother to your brother in her individual capacity as an absolute owner.
Dear Client,
Yes, a daughter may claim her share in the property of her parents as per law.
