Ownership of property
sandeep kumar
(Querist) 15 April 2014
This query is : Resolved
Hi,
My grandfather is purchased a property 1965 after marraiage. and he is died in 1970. hence the property khata are transfer to my grandmother's name. So she is having a property is a " self occupied property or ancestral property " please tell me....
R.V.RAO
(Expert) 15 April 2014
to be ancestral property , a property has to pass 3 generations and should reach the 4 th generation.
say from great grand father to grand father to father to son.
since your grand father purchased the property in his life time,it is his self occupied property which he may dispose in any way he wished.
Advocate Bhartesh goyal
(Expert) 16 April 2014
Rightly advised by shri R.V.Rao,questioned property is in the name of your grandmother so she is absolute owner of the property and the property is her self acquired property.
Rajendra K Goyal
(Expert) 16 April 2014
If your Grandfather expired intestate, the property should have gone in the name of all legal heirs.
Since it has gone in the name of your GM, she is owner of the property.
ajay sethi
(Expert) 16 April 2014
it would be self acquired property . however on your grand father death your grand mother and all children would have equal share in said property .
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
If your grandfather died intestate without making any arrangement towards his self acquired property, the entire property will devolve upon all his legal heirs on his death, therefore your grandmother cannot inherit the entire property on her own name without such an arrangement or a Will etc., However, since this happened in the year 1970 when all her children were young, there is nothing to dispute on it now. However, she is duty bound to divide and distribute the entire property equally among all he children at least now. But, under any circumstance, this will not be considered as ancestral property hence the grand children cannot claim any share out of the property as a matter of their legitimate right over it.
