Daughter right in ancestral property

Vivek Singh (Querist) 02 December 2020 This query is : Resolved
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?

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Quick Summary

A grandfather in Gurgaon has made a registered will bequeathing all ancestral agricultural land to his son (the mother's brother), excluding his daughter (the mother). The key legal question is whether this is permissible. Generally, daughters have equal rights to ancestral property as sons. The grandfather can only will away his own share, not the entire ancestral property. The mother should consult a local advocate, file a partition suit to claim her share, and seek an injunction to prevent the brother from selling the property until the case is decided.

Guest (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 goyal (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.

Message likes : 2 times

kavksatyanarayana (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 Vashista (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 (Expert) 04 December 2020
How is that the property is ancestral?

Rajendra K Goyal (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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