Right to ancestral property
Ankit
(Querist) 23 June 2011
This query is : Resolved
Dear Sir/Mam, I have a query regarding my grandfathers ancestral property.
My grandfather transferred his property to my father through GIFT DEED. My father has now willed this same property to my younger brothers name leaving me out. i want to ask do i have right to ask for share in this property legally as its my grandfather's property and as a grandson i have right to it.
Srajadvo460
(Expert) 23 June 2011
Property transfered by your grandfather to your father by gift deed hence it makes that property a self earned property of your father hence he can transfer as he likes hence you cannot claim a share based on the ground that the property is an ancestral property
R.Ramachandran
(Expert) 23 June 2011
One has to know the contents of the GIFT Deed made by your grand father to find out whether he wanted the property to be treated as ancestral property or as personal property.
Kirti Kar Tripathi
(Expert) 24 June 2011
Once property was gifted to your father. Your father became absolute owner of said property and same had attained the status of his self acquired property.Thus he has full right to dispose of the same according to his wish. If he has willed the same to your brother, the same will go him after his death. However, your father has a right to revoke said will during his life time. In case, he does not do sa, the property will be go to your brother exclusively and none of other legal heir will have any right in the property.
malipeddi jaggarao
(Expert) 24 June 2011
Expert Kirti Kar Tripathi amply made it clear in his previous replies that if the ancestral property is vested intestate, then only it is treated as ancestral property. If the same is gifted out, a will is written in somebody's favour, the property will loose the tag "ancestral" and the beneficiary by such or gift or sale deed will enjoy the property as if it is self-acquired property. Self-acquired property can be disposed-off as per the wish of the owner at any time during his life time.
Ankit
(Querist) 05 July 2011
Dear Sir, thanks for your reply.
Can my 27yrs old son has right to ask for share in this property legally as now its his grandfather's self earned property
R.Ramachandran
(Expert) 05 July 2011
Dear Mr. Ankit,
I think you have not at all understood clearly the answers given by the experts.
According to the experts, the WILL made by your father in favour of your younger brothers is perfectly valid. That means, the property now belongs to your younger brothers and you cannot claim any share from it and you cannot challenge the action of your father.
If you yourself cannot challenge the action of your father, naturally your son cannot also have any right over the property and he cannot also challenge the action of your father in giving the property by means of a WILL to your younger brothers.
