Ancestral property - woman

Balaji Shanmugam (Querist) 18 January 2022 This query is : Resolved
My father has two brothers and two sisters. Both the sisters were married and are very old now. My father was only son who took care of his parents (Both the parents expired before 2003). He spent thousands of rupees in 1980's for his parents for medical expenses, other expenses etc. Instead of spending those money to his parents if he would have invested in the real estate it would have amounted to crores of money today. The sisters didn't care about the condition of the parents and never spent a single penny from their pocket to their parents.

One of the ancestral property my grand mother divided among three sons and wrote a will. My grandmother died in 2003 and the will becomes active in 2003. Another ancestral property remains undivided and it belongs to my grandfather who died in year 1996. . My father claims the undivided property to be his property because he has spent his energy and money for his parents. However sisters are claiming equal share in both the property based on law.

Is it that male child alone should take care of his parents both physically and financially and daughters who has gone to a different home will never take part in any of the burden of taking care of the parents financially and come for claiming the wealth alone. Isn't it injustice to the male sons and what does Indian law say about that.

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This discussion explores the complexities of ancestral property inheritance in India, particularly concerning the rights of sons and daughters. The core issue revolves around a situation where a father heavily supported his parents financially and physically, while his sisters did not contribute. Despite this disparity in care, Indian law generally dictates that all legal heirs, including daughters, are entitled to equal shares of ancestral property, regardless of who cared for the parents. A grandmother's will dividing her property among her sons is active, but the grandfather's undivided ancestral property will be shared equally among all his legal heirs, including daughters, as per law.

kavksatyanarayana (Expert) 18 January 2022
You stated in the query that your father has two brothers and two sisters but how could your grandmother execute the Will in favour of her 3 sons for the ancestral property. And whose ancestral property i.e. either your grandmother"s or grandfather or both? Your query is not at all clear.

Balaji Shanmugam (Querist) 19 January 2022
There are two ancestral properties. One my grandmother has inherited from her father and the other my grandfather inherited from his father.

Because two daughters didn't take care of my grandmother she wrote a will to share her inherited property between three sons. Out of three sons my father alone has spent enormous amount of money for his parents. My grandmother has expired on 2003 and the will becomes active ( thereby it becomes divided between three sons) in 2003.

The property which my grandfather has inherited from his father, has not been yet divided and still in my grandfathers name.

kavksatyanarayana (Expert) 19 January 2022
To look after the welfare of parents is the moral duty of the sons. In this case, your father did well but for that purpose, you cannot claim an extra share. As per will the three sons have an equal share of the property of your grandmother. But your father's sisters claim through court they may win. For your grandfather's ancestral property, all his legal heirs including daughters have an equal share in his property.

Advocate Bhartesh goyal (Expert) 19 January 2022
It is immaterial who did care of parents or who didn't, material thing is that all legal heirs are entitled to get equal shares in self acquired or in ancestral properties.

Balaji Shanmugam (Querist) 20 January 2022
My father should have bought real estate assets for the available money without helping his parents.

SHIRISH PAWAR, 7738990900 (Expert) 21 January 2022
Hello,

Yes, it is immaterial who take care of parents. The property will be divided as per the law if no WILL
for particular property is written by grandparents.

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