Ancestral Property

Querist : Anonymous (Querist) 26 March 2010 This query is : Resolved
Hi,
We have an ancestral property in punjab,and acc to my gradma's will she have mention my father as the only owner of the property. now the problem is that my one brother and a widow of my second brother also asking and pressuring my father for the share.

1) Can my father sell this property without give any share to anybody
2) can he transfer this property in some one else name.
kindly suggest some thing.

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niranjan (Expert) 26 March 2010
The property being ancestral property,your grandma had no right to make the will beyond her share and so your father cannot become the sole owner of the ancestral property.

Parveen Kr. Aggarwal (Expert) 26 March 2010
One can give or transfer what one has. Your grandmother was having only an interest in the ancestral property and was not its absolute owner. She could not have bequeathed anything in excess of her entitlement. So the will exceeding her entitlement or share in the ancestral property is not legally enforceable. The other members of the family also have shares. Your father cannot become absolute owner of the property on the strength of the will.

G. ARAVINTHAN (Expert) 27 March 2010
who is your second brother and widow of whom.. more details needed

adv. rajeev ( rajoo ) (Expert) 27 March 2010
First it is important to know how your grandma got the property. If it is the ancestral property of her husband then your brothers have got share in the property. If the property is self acquired property of grandma then your brothers have no share.

B K Raghavendra Rao (Expert) 27 March 2010
Sri Rajeev S. Vadrali is correct. You need to inform how your grandmother got the property whether by partition, by self-acquisition or by inheritance.

If it is her self-acquired property she has every right to pass on the property only to her son and he can dispose of it in any manner he likes.

If it is by inheritance, then your grandmother cannot make a will and even if she makes a will, the property devolves round the benefactors.