Re: ancestral property inheritance law


Hi, I just wanted to ask wether the Hindu ancestral property inheritance law is only applicable in the absence of a will or is it mandotary?

 

suppose I inherit property worth 10 corore from my father (and he has earnd all that money himself), am I allowed to chose which child am I going to pass on the inheritance too, suppose if I want to give the major share to just one of my child ....and I write a will to that effect . Can the second child contest that will ?

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

The property which a person inherits from his father is his exclusive property, and is at par with his self acquired property. So you can make a will in respect of this property. The other child whom you exclude from the will can always  contest it though on the ground that the will does not fulfill the requirements of a valid will.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Mr.Hemu,

Property recieved from paternal ancestor by way of inheritance is undoubtedly ancestral property in the hands of a person and is shared with the children in equal measures.  Now since they share equally in the very lifetime of a person - the father's competency to oust any or all of them from property is not there anymore. However having said that, if a person acquires such property via gift/will from his father - it is his absolute/seperate/obstructed property and he is free to deal with it as he likes in his life time/by will. 

(C.A.Arunachana Mudaliar v. Murugnatha Mudaliar - Supreme Court)

Feel free to talk!

 
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Tank you sir for your reply! ... but I just wanted to clarify , after I pass away, can the child who got a lesser share sue the other child for an equal share inspite of my will

 
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Originally posted by :hemu
"
Tank you sir for your reply! ... but I just wanted to clarify , after I pass away, can the child who got a lesser share sue the other child for an equal share inspite of my will
"

since it would be ancestral property as far as my children are concerned

 
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thanks for yor reply Mr Davessar!

 
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Hi,

If property inherited thru Maternal side ( from Mothers mother, who has passed away), how it will be shared between the 2 sons & 3 daughters of mother during her life time or after her demise. Whether all 5 will get equal share or mother can give to sons alone during life time or thru a will.

Tks

 
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Hi,

person passes away in 1980, however he has about 4 acres of land but there is no will and has only a daughter .... ideally this property should get inherrited by her isnt it.

Situation is her son ( grand son ) has inerrited the property now indicating that both his grandfather and month have passed away .... and I dont think there was a will for this ! he has prepared an affidevit indicating that his grand father and Mother have passed away and hence he is inherriting the property, then he then transfers the land to her wife. Family tree which has been endorsed via affidevit indicates that Grandfather had only one child ( daugher ), and now after 30 years grand son has inherrited it.

Question is : 1) is the above a valid inherritance ? can a grand son inherrit the property after 30 years of Grandfathers death ?

2) There are no indication of the property getting transferred to Grandfathers daughter, it has been inherrited by grand son directly and this person does not seem to have any sisters or brothers 

3) This grand son has 3 children all are minors, so What will happen if this grandson sells the property to somebody ? can these minor children sue the purchaser after 10 - 15 years on the grounds of Ansisteral property ?

Appreciate your response.

Thanks

Praveen Bhat

 
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Hi,

person passes away in 1980, however he has about 4 acres of land but there is no will and has only a daughter .... ideally this property should get inherrited by her isnt it.

Situation is her son ( grand son ) has inerrited the property now indicating that both his grandfather and month have passed away .... and I dont think there was a will for this ! he has prepared an affidevit indicating that his grand father and Mother have passed away and hence he is inherriting the property, then he then transfers the land to her wife. Family tree which has been endorsed via affidevit indicates that Grandfather had only one child ( daugher ), and now after 30 years grand son has inherrited it.

Question is : 1) is the above a valid inherritance ? can a grand son inherrit the property after 30 years of Grandfathers death ?

2) There are no indication of the property getting transferred to Grandfathers daughter, it has been inherrited by grand son directly and this person does not seem to have any sisters or brothers 

3) This grand son has 3 children all are minors, so What will happen if this grandson sells the property to somebody ? can these minor children sue the purchaser after 10 - 15 years on the grounds of Ansisteral property ?

Appreciate your response.

Thanks

Praveen Bhat

 
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I brought a property from a person who is inherited from his parents. Their is a partition deed among his brothers executed some years back.Now can the person children climb the share in the property.
 
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