ancestral property inheritance

Rajiv Kumar Singh (Querist) 17 June 2009 This query is : Resolved
I am from Hindu family.

My mother and my mother’s sister are only two child of my maternal grandfather (my mother's father). My maternal grandfather (my mother's father) have ancestral property which he is in process of selling to third party without informing my mother and we assume the price money can been transferred to my mother’s sister.

Can my mother claim right on the property or money that my maternal grandfather (my mother's father) gets in the process of selling the property.

Can we stop this sale and ask for 50% of the stake in property or the money received in the process of sale.

We are apprehensive that my mother’s sister can influence my maternal grandfather (my mother's father) to will all his property or money generated in the sale of ancestral property in her name alone.

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Jayashree Hariharan (Expert) 18 June 2009
Hi, Mr. Rajiv. First, you have to inform how your father got the property - By Will, or without Will from his father, or by Partition, among his father, siblings.

As for your query, generally speaking, your mother and her sister have equal rights on the ancestral property, as your father. In any case, your mother has to sign on the dotted lines in the Sale Deed to be executed at the time of selling by your grandfather.

Your mother can ask her father to negotiate terms of sale with her and she has right to ask for money, though not 50% of the sale amount, as her sister is also an equal partner in the ancestral property. The property has to be divided as 1/3 (one property by three people).

Rajiv Kumar Singh (Querist) 18 June 2009
a.) My maternal grandfather (my mother's father) has only two child
1.My mother
2.her younger sister.

b.) My maternal grandfather (my mother's father) have inherited ancestral property

c.) We are apprehensive that my mother’s sister can influence my maternal grandfather (my mother's father) to will all his property or money generated in the sale of ancestral property in her name alone.

Can my mother stop it or ask for share of our land and snce my mother is very soft natured and don’t want to hurt emotion of her father, can we as grand child stop it or ask for share of our land on her (Mother’s) behalf.

jayaveladvocate (Expert) 18 June 2009
No matter all the events taking place after December 2005 alienating the ancestral property will not binding you. The buyers may be cautioned through appropriate advs. But make sure that the property is a an ancestral property in the strict legal sense

jayaveladvocate (Expert) 18 June 2009
If you still have doubts read my blog knowyourlaws-Hindulaw-1@blogspot.com

Rajiv Kumar Singh (Querist) 18 June 2009
Though as far as my mother remembers land property was passed on to her grandfather and then to her father but how can we make sure that the property is an ancestral property in the strict legal sense?