it is not ancestral property
2) your grand children have no share in property during your lifetime
Ancestral property: Maternal grandfather's property
My maternal grand father died without will. My maternal grand mother got the same property transferred by affidavit in her favour. My mother got the same property through will. My mother willed the same property in my favour and my brother on fifty fifty basis. My brother gifted his fifty percent share to me by Gift Deed. At present I fully own the property. My grand Children have filled partition suit . Is property owned by me is ancestral property? liable to be partitioned?
Asked 5 months ago in Property Law
Religion: Hindu
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10 Answers
The property came through maternal source are not considered as ancestral property.
Therefore the case filed by your children or your grandchildren asking for a share in the property that you acquired from your mother is not maintainable in law
Besides the property you acquired through a will becomes your self acquired property.
You can challenge the same properly and get it dismissed.
1. Property inherited from maternal side in your hands is not to be treated as ancestral property..
2. Since you got the property through gift deed, in your hands it's your self acquired property.
3. Even though your grandchildren have filed partition suit, they may not legally succeed, as you are alive and the property through gift deed from your mother is your self acquired property and you are at full liberty to dispose of the property at your sweet wish and will.
4. In case the property remains in your custody during your lifetime and in case of your intestate (without executing a WILL) death, then only your legal heirs will have right to inherit the property but not during your lifetime
Dear Client,
The property you fully own is not considered ancestral property and is not liable to be partitioned by your grandchildren. Ancestral property, under Hindu law, is typically property that has been passed down undivided through four generations of male lineage. However, the property in question was originally owned by your maternal grandfather, transferred to your maternal grandmother, and then passed down through wills to your mother and eventually to you. Since the property was distributed through wills and a gift deed, it is treated as self-acquired property in your hands. Therefore, your grandchildren cannot claim a right to partition it as ancestral property under the Hindu Succession Act, 1956.
Did you had any child when your mother expired ?
- As per Supreme Court, the only property that can be called ancestral property is property inherited by person from father, grandfather and great-grandfather.
- Hence, the property which came from the maternal branches not considered as ancestral property
- Your grand children has no right on that property which you got from your mother by way of gift deed.
- The said case filed by your grand children is not maintainable as this property cannot be partitioned.
KIND ATTENTION OF ADV.YOGENDER SINGH RAJAWAT:I had 2 sons at the time of my mother's death, does their existence during her life time make my grand Children to be eligible legally to claim partition of the property which I hold through the will executed by her? I
Asked 4 months ago
your children i./e., the grandchildren are not entitled to any share out of your mother's property.
Besides she has already bequeathed her property by a Will in your favor.
Your mother's property is not an ancestral property, even if she had acquired it from her father or grandfather and after acquisition of the same it becomes her own and absolute property.
Your grand children cannot claim share in property inherited by you by your mother will
- Your sons having no right to claim over the property during your life time.
Your mother acquired the property under testamentary succession, she was absolute owner. Grand children does not any claim.
Dates of demise of mother grand mother and birth of your children are decisive factors.