Ancestral Property Laws for Agricultural Land

Querist : Anonymous (Querist) 27 May 2018 This query is : Resolved
Hi,
My Grandfathers ancestral agricultural property was distributed among his 3 sons and 3 daughters as per his will. Now one of his 3 sons has deceased and he only had 6 daughter who are all married. The deceased son has written a will distributing his land among his 6 married daughters. Now in this scenario does these daughter have any right to claim the ancestral agricultural land or it will pass on to the other sons alive.

We live in UP and would request for your expert opinion on this matter as our lawyers are not giving clear picture.

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Querist : Anonymous (Querist) 27 May 2018
Can anyone guide us with the correct facts and Quote some laws for the above issue.

K Rajasekharan (Expert) 27 May 2018
When an ancestral property is divided and shared among the heirs, it ceases to be ancestral property anymore. The property received by each heir thereafter will be treated as self acquired property.

Once the ancestral property is divided then onwards it ceases to have the character of the ancestral property and normal succession laws will apply.

Vijay Raj Mahajan (Expert) 27 May 2018
If it is ancestral property the grandfather cannot make Will for it as Will can only be made for self acquired property.
The Hindu ancestral or copacenary property is to be distributed amongst all the copaceners including all sons and daughters.
The rights of 6 daughters of one deceased son of grandfather exists not only because of their deceased father but also because they are daughters born in the joint Hindu family.

Ms.Usha Kapoor (Expert) 28 May 2018
Each son is entitled to 1/6 th share in the coparcenary property. the deceased son has 6 daughters. so each daughter gets 1/6X1/6= 1/36 th share in the joint family property.As per 2005 Amendment Act 0f Hindu Succession Act In Hindu joint family pr5operty dau8ghters get equal shares on par with sons.So each daughter of their predeceased father gets 1/36 th share.