We have an ancestral property.My grandfather passed away in 1996. He has two daughters and one son. He has not made any will then. Now can daughters claim property and can the property be transferred to the son if one of the daughter issue a gift deed in his name while the other daughter not willing to do so. All three of them were born before 1956.
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1)on what basis you say property is ancestral
2) is the property inherited by grand father from his fore fathers . property which has remained undivided for four generations would be ancestral property
3) daughters would not have share in ancestral property if father died before 2005
Hi
1) In your case succession opened in the year 1996(The year in which your grand father passed away).
2) If the property was a self acquired property of your grand father and was registered in the name of your grand father, then his children(son and 2 daughters) can claim a share of their father's property. In this case daughter's can relinquish their rights by either an relinquishment deed/gift deed in favour of son.
3) If the property was in your great grand father's name which was subsequently inherited by your grand father, then his daughter's cannot claim a share in this property. Only the son will get the share of the property in this instance.
1. The properties of your grandfather will be inherited by his wife and all his children including his daughters, after his demise.
2. After the demise of your grandmother, intestate, all her properties and share of her husband's properties will be inherited by all her children including her daughters.
3. The share of the daughter who gifted her share to her brother will only be owned by her said brother.
1. On what basis do you call the property ancestral?
2. On the intestate demise of your grandfather his properties devolved through succession on his surviving heirs i.e widow and children. The share of daughters is at par with that of sons, who can file a suit for partition to cull out their substantive share.
3. The daughter who executed the gift deed can no longer claim any share if the gift deed was properly executed.
The property is in the name of their deceased father, therefore as per Hindu succession act the daughters are eligible for an equal share in the property.
As their father is reported to have died in the year 1996, very well after the amendment that came into effect in the year 1956, the daughters have equal rights in their father's property.
This is not ancestral property for the daughters.
The property is in the name of my Grandfather's Grandmother.Tax Bill is still issued on her name.does that mean it is ancestral property and daughters cant claim. and if yes how can the ancestral property be transferred to son name,will it require signature of the daughters since one of them is not willing to sign,what to do in that case.Recently Parchi from Land & Land Reform has been drawn in name of 3 children. Does the Parchi from land reform west bengal overrules the property being ancestral and all three has a equal right ? We are planning to give the property to builder for promoting but before that the property has to be transfered to my fathers name.only one of his sister is willing sign the documents whereas the other doesnt.if girls cant claim in ancestral property then how can it be transfered to the sons name what is the procedure involved in it.please guide
it would be ancestral property as grand father inherited property from his grand mother
2) property which has remained undivided for four generations would be ancestral property
3) grandfather died in 1996 . his daughters cannot claim share in said property as father died before 2005
4) obtain letters of administration from high court as father died intestate in name of son
5) then apply for mutation of property in name of son
1. It appears that it is an ancestral property.
2. In that case the said ancestral property can not be claimed by the great granddaughters of the said property in whose name the property still stands.
3. Parcha is not document to show the title of the property, Title Deed shows.
4. Your father can enter in to a development agreement with the selected promoter for which he won't require signatures of his sisters legally.
Though this was your grandfather's grandmother's property, since it devolved on him and he was in possession and enjoyment of the same till his death, the property after his intestate death devolved equally on his own children consisting your father and his two sisters.
Therefore as per law your father shall be entitled to only 1/3rd share in it.
There is no question of ancestral property since the property automatically devolves on the three.
An amicable settlement or partition shall be the best option available before everyone or your father may approach court seeking partition and separate possession of his share in the property.