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ANJANA (SOMETHING)     10 November 2011

Ancestral property rights through mother?

Family is from Indian southern states
Widow A is having an self acquired property. She is having 2 son and a daughter.She died intestate without making any WILL. After death the property having divided into 3 equal parts.
1. Whether each 1/3 share holder property is ancestral or self acquired.
2. First Son is having two child and they are minor. Now whether Son can is able sell his 1/3 share wholly of ancestral property without consent his children?
3. In question No:2 If the children is major then whether Son of person A can able to sell his 1/3 share wholly of ancestral property without consent his children? 
4. If the second Son married but no children, then whether he can sell his 1/3 share wholly to anybody? or If he sold like that then child born after this sale date whether have any right in the property?
5. In this case if the first son and daughter died before the person A dies, in such case If person A died intestate , then how 1/3 portion of class 1 heir property is divided? First son and daughter of person A, having a son and daughter each repectievely.



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 1 Replies

Advocate Vishnu (Advocate)     12 November 2011

Dear Anjana,

Question no  1:The property acquired becomes the absolute property of the widow's heirs.

Question no 2 and 3:Since the property is not ancestral the son's children have no right in their fathers property .

Question no 4: He can sell it to anybody  . The son born after the sale has no right in the property as the property is the absolute property of his father

Question no 5:The 1/3rd share will go the grandson andgranddaughter  of widow A if widow A dies intestate.

Reference:Paruck- Indian succession Act,9th edition, page no 96
 


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