Daughter right in ancestral property

This query is : Resolved 
 

(Querist)
02 December 2020

Hello everyone.

We are living in Gurgaon.

My Maternal grandfather ( NANA) has made a will for his ancestral property.

He doesn't have that much self-acquired property but he has agricultural lands that are ancestral in nature.

He made a registered will and gave all ancestral property to my MAMA( My mother's brother).

My Question are:-

1. IS IT LEGAL TO MAKE WILL OF ANCESTRAL PROPERTY AND NOT GIVE SHARE TO DAUGHTER?

2. CAN HE SELL THE ANCESTRAL PROPERTY WITHOUT MY MOTHER CONSENT?

WHAT SHOULD MY MOTHER DO, IF WE ARE NOT IN SPEAKING TERMS WITH MY NANA.

WHICH SUIT TO BE FILED?


N.J.S.Rajkumar alias narasimhaOnline (Expert)
03 December 2020

Show all the relevant documents to an Local Advocate and seek the Legal opinion and Legally Proceed with your Claims as per his advise.

Advocate Bhartesh goyalOnline (Expert)
03 December 2020

Daughters have equal share as sons in ancestral property.Your nanaji had only right to bequeath his share in ancestral properties he could not legally bequeath whole ancestral properties.your mother has to file partition suit for obtaining her share in ancestral properties also has to seek injunction against your mama not to sell ancestral properties till decision of case.

kavksatyanarayanaOnline (Expert)
03 December 2020

Yes. Your grandfather can give the property of his share only in the ancestral property to anyone by way of a registered Will. For ancestral properties, all legal heirs have equal rights over the properties. so your mother shall file partition suit and as advised by the learned expert Mr. Bhartesh goyal sir, get stay orders from alienating the property.

Dr J C VashistaOnline (Expert)
04 December 2020

Will executed by your Nana could have been for 'his' share only which should be challenged and suit for partition be filed your mother since she has an equal share in her father's property.

P. Venu Online (Expert)
04 December 2020

How is that the property is ancestral?

Rajendra K Goyal Online (Expert)
04 December 2020

Agree with the expert Advocate Bhartesh goyal. Your Nana ji can bequeath only his share in the property.

Please show the documents to some Advocate to find out whether the property / land is covered under the definition of ancestral property.



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