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Discussion > Property Law > ancestral property   Unanswered Threads Post New Topic

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Audry Fernandes


nil
[ Scorecard : 277]
Posted On 06 May 2010 at 20:15 Report Abuse

Can ancestral property be willed to only one child. A lady expired 12 years ago. A year ago some ancestral property was located belonging to her grandmother (who died intestate) and it was decided to share among all heirs.

One of her sons has now produced a will, claiming all her property was left to him  and wants to take the entire share and not share with his siblings.

They are christians. Can ancestral property be willed in such a manner. I understand under hindu law ancestral property not purchased by the testator cannot be willed to only one child but is divided among all the heirs. Is this the same for Christian law?



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veeranna s parma


self employed
[ Scorecard : 26]
Posted On 07 May 2010 at 12:58 Report Abuse

Page.No. 1

 

 

DEFINITION OF ANCESTRAL PROPERTY: 

 

Ancestral or Hindu Copacenary property as has been defined  stands for any property acquired by the Hindu great grand father, passed that undivided property down the next three generations up to the present generation of great grand son/daughter. In short this property should be four generation old, secondly this should not have been divided by the users in the joint Hindu family as once a division of the property such as this asked by any of the Copacenar the share or portion which each Copacenar gets after the division becomes his or her Self Acquired property.

Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as 'Will' etc.

 

 

DEFINITION OF SELF ACQUIRE PROPERTY:

 

My wife's grand father left his house (self earned) to his son (my father-in-law) purportedly through a will. Has it become my father-in-law's self earned property or continues to be ancestral property of the family? Can my father-in-law transfer the house to his only son denying any share to his 3 daughters (my wife and her 2 sisters)? What legal recourse is available to my wife to claim an equal share treating the house as ancestral property? We are talking about a property in Chennai and a hindu family in this case.

Let me make the definition of Ancestral or Hindu Copacenary property viz a viz Self Acquired property very clear; Ancestral or Hindu Copacenary property as has been defined by Mula an authority on Hindu Law applicable to whole of India including Chennai, Tamilnadu followed by the Supreme Court of India other State High Courts stands for any property acquired by the Hindu great grand father, passed that undivided property down the next three generations up to the present generation of great grand son/daughter. In short this property should

Page.No. 2

 

 

be four generation old, secondly this should not have been divided by the users in the joint Hindu family as once a division of the property such as this asked by any of the Copacenar the share or portion which each Copacenar gets after the division becomes his or her Self Acquired property. Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as 'Will' etc. In your case the Grand Father's property was willed in favour of the Father,hence it became his Self Acquired Property, what he does with it is his out look, he may again will it in favour of any person or if he doesn't do so dies Intestate then such property is inherited by all his Class 1 Heir according to the Hindu Succession Act,1956 which include his Widow all his Children (both one Son three daughters) all getting one share in the property.

If the property was willed to your father-in-law, it is his property - and he can do whatever he likes with it. If he wills it to his son, then his other children will have no legal claim to it. However, if he doesn't write a will, then his property will be equally divided among his heirs.

 

In My Case :

 

The agriculture irrigated land in karnataka whic were divided by my grand father during 1964 and transfered equally to his (only son and two cousions ) three sons.This partition also neither registered nor made a court decree.But partition was done by revenue inspector and tahsildar.  My father was youngest son of my grand father and during 1986 my father divided  his part into two part. 1/2 is for my brother and 1/2 is for me.

 

Now i have Mutation registration copy , Holding certificates and other related documents on my name.

whether the above land is self acquired property of  my father?

 

If not whether my sisters are eligible for equal partition in the land. Because since from 1987 i am cultivating the above land.

 

During 1986-87 my father transfered his property on my and my brother name by the process of mutation registeration which was done by reveue inspector and tahsildar.

Am  I an absolute owner of above land after long period of 20 years. ?

 

My quostion is as per hindu succession Act 2005 sec 6(5), whether this  mutation    registration is valid?

 

Because now my sisters are asking share in the above property.

 

Kindly answer the above  quostion.

 

Kindly advise me.

 

 

Thanking u Sir

 

 

Ur's Truly

 

 

veesparma@rediffmail.com

 

09224466440

 

 



Audry Fernandes


nil
[ Scorecard : 277]
Posted On 10 May 2010 at 09:25 Report Abuse

I request someone enlighten me on Christian law for willing ancestral property queried above. 

VSParmar has strangely put his query below mine. May I ask why?

Anyway I am eager to know whether a Christian can will away ancestral property as metioned in my query.

 

Thanks




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