Ancestral property or self acquired property?
ishaan sharma
(Querist) 29 June 2012
This query is : Resolved
i m living in a house which was first bought by my great grand father and there was no will for the house when he expired. Now my grand father is living in this house in Delhi along with 2 sons. also, he has a daughter which stays in gurgaon.. he is soon going to make a will for the house and he wants to exclude my father from this house or does not want to give equal right in the property. My father stays in 2nd floor, his younger brother on 1st floor and my grand father on ground floor.
My question is does my grand father have the right to make a will by the name of his younger son.And finally is it a ancestral property or a self acquired property? and after my grand father dies, can both the sons take the whole share of the house and not include the sister?
Adv.R.P.Chugh
(Expert) 29 June 2012
Dear Ishan,
When your great grandfather died - and property was acquired by your grandfather - the same became ancestral property in his hands vis-a-vis his children. meaning thereby the children acquired a right in the property. Grandfather alongwith his three children owns the property - it is called community of ownership, unity of possession. Your father has a definite right to the tune of 1/4th of the property which cannot be defeated by grandfather through will/gift or sale. Your father has the right to file for partition anytime to get his share culled out.
Hope this helps !
Advocate Bharat Chugh
ishaan sharma
(Querist) 30 June 2012
Another thing, my grand father has taken a loan against this house. was he entitled to loan against this property way back in 1991?
ishaan sharma
(Querist) 30 June 2012
Also,
1. How long will it take for partition to filed and getting the reply from court? processing time?
2. can any of the 4 beneficiaries of this house, apply for partition though if other entitled beneficiary does not want this house to sold because they live in this house?
3.my grand father is not well and suffering from health problems.After his demise, if the two sons want this house to be shared equally between them and exclude the daughter, is this possible,though the daughter is anyway not interested in having the share in our house.
4. Is It makes more sense to wait for grand father's death and then apply for partition?
ashutosh mishra
(Expert) 30 June 2012
As the source title lies in your great grand father,the house in question is a coparcenary
property in which your grand father is only a sharer along with his children to share equally.
your grand father can will only his share to any one of his choice but not the entire house.
As karta of family ,your grand father could raise loan,but liability to discharge the loan is burdened up to his share alone.
ashutosh mishra
(Expert) 30 June 2012
1.No time guess possible as defendants litigate to lenthen the time.
2.yes,any coparcenar can file suit of partition.
3.According to present law all males and females would be treated as coparcenares.
4.optional.
Anirudh
(Expert) 30 June 2012
VERY VERY SORRY.
NONE OF THE EXPERTS SEEM TO REALLY KNOW THE ANSWER. THEY COULD NOT HAVE IN FACT ANSWERED THE QUERY WITHOUT KNOWING THE FOLLOWING MINIMUM PARTICULARS:
1. When did the great grand father die?
Without this vital information, nobody can say whether the property is 'Ancestral' or 'personal/separate property'.
ishaan sharma
(Querist) 30 June 2012
the great grand father died around 1981-82
ishaan sharma
(Querist) 30 June 2012
Is there any link between my grand father's daughter share in inherited ancestral property and the time she got married?
Anirudh
(Expert) 30 June 2012
The property in question is not 'ANCESTRAL;.
It is the personal property in the hands of your grand father.
Being his private/personal/separate property he has every right to deal with it in whichever way that he wishes. Nobody can claim any share in it.
If in his wisdom, he gives away the property either through GIFT or through WILL to somebody and excludes somebody, he is well within his rights. Others cannot protest.
K.K.Ganguly
(Expert) 30 June 2012
Yes. As per Dayabhaga School of Hindu Law, after the death of your Great Grand Father, your Grand Father got the right title & ownership of the property (if he is the only successor) which he can gift or transfer through Will to any body he wishes.
As per Mitakshara School of Hindu Law, the grand children also inherit the property with son.
Presntly, in most of India Dayabhaga School of Hindu law is applicable.
Anirudh
(Expert) 30 June 2012
Dear Mr. Ganguly,
With due respect, you are not correct when you say that presently Dayabhaga School of Hindu law is applicable in most of India.
The Mitakshara School continues in South, West, and North, even today.
ishaan sharma
(Querist) 04 July 2012
Q. If the grand father dies, can he give his share of ancestral property which is 1/4th to his younger son through will? or is it that his share of the property will be equally shared by all the existing heirs? the property is ancestral, unsold and is likely to sold after his death.
Anirudh
(Expert) 13 July 2012
When it is already indicated that the property is NOT ANCESTRAL and the personal property of your grand father, why do you again harp on the assumption that the property is 'ancestral'?
Being your grant father's personal property, he can do anything with it. Nobody has any right or claim for any share in the same.
