Ancestral property
sandeep
(Querist) 29 October 2012
This query is : Resolved
sir, my father and his cousin brother married two own sisters(my mother and her elder sister). My mother's father bought two sites in my fathers cousin name and after 10 years, my fathers cousin was told to transfer one site to my father, so when he transferred they made an affidavit in court that they come from same family and have settled their property 10 years back.. by mistake the the names have been interchanged, so the name of one site was changed to my fathers name( this was done to save sales tax). we are two sons to our father, my brother after his marriage went out to stay in another city and does not care for my father.. now my father wants to make a will on this site to my name.. but my brother threatens him that it is ancestral property and my father cannot make a will on my name. does it become ancestral property as it was bought on my fathers cousin name initially? and can my father make a will on my name or not?
Devajyoti Barman
(Expert) 29 October 2012
Your father can always make Will or gift his share in your favour. Once the property is partitioned, it is no more the ancestral property.
sandeep
(Querist) 30 October 2012
Sir,
THANKS FOR YOUR REPLY
I have met 3 to 4 lawyers but they have different view so I’m confused. I want to tell you chronological events that have taken place.
1) My Father’s cousin brother Shri SK Patil (My grandfather’s brother son) married my mom’s own sister in 1962. My father’s name is DT Patil.
2) My mother’s father bought a site in name of my father’s cousin Mr SK Patil in 1963(sale deed in my father’s cousins name Mr SK Patil)
3) My parent’s marriage took place in 1974.
4) My Grandfather (Father’s, father) died in 1976. My grandfather had one brother. My grandfather and his brother had their self owned property together. After my grandfather’s death, my grandfather’s brother divided property in two parts and gave half property to my father and his brothers (which in turn my father divided among himself and his two own brothers). (All divided property got recorded in individual names in revenue office).
5) In 1982 my mother’s father bought another site in my father’s cousin name.
6) In 1984 my father’s cousin was told to transfer the 1st property to my father.
7) To avoid the sales tax, they made an affidavit in court that, as they both come from same family and had made family settlement before(but actually their was no settlement made), and as per the family settlement by mistake instead of Mr DT Patil (my father) in records it has come as Mr SK Patil, so it should be changed to Mr DT Patil.
8) According to this affidavit the site got registered in my father’s name.
By all these events does it become ancestral property? Can my father make will on my name? Are there any other options of transfer?
Ms.Nirmala P.Rao
(Expert) 31 October 2012
Dear Clinet,
Your father can will out his share of ancestral property in your favour to the exclusion of your brother as he has no love and affection for your father and since he didn't take care of your father, a will of his share by your father in your favor is perfectly valid. To be on the safe side get it registered.
Ms.Nirmala P.Rao
Legal Expert
