Ancestor Property Will
Kiran
(Querist) 25 July 2009
This query is : Resolved
My Grand father purchased a property and after his death my Grand mother made a partition deed on 1966 and my father got a separate property. I have two sisters (married) and asks partition of the property through an advocate. As the property is in such a way that there is no way to be given on partition, only if our living house is removed. My query is
1) Whether there is any law suggest to give the share to my sisters. If not,
2) Whether my sisters can challenge the will made in my name. If yes,
3) Please suggest a way to solve this problem.
A V Vishal
(Expert) 25 July 2009
Kiran the details are insufficient, the girls have right in the ansectral property, but in absence of complete details as to how the will came to be in your name, who executed it and when, proper advise cannot be given.
Kiran Kumar
(Expert) 25 July 2009
ur query is a bit unclear.
the facts do not state how the will came in ur favour.
whether the will was probated or not?
daughters do have right in ancestral property, however father can will his property in favour of a particular child.
better u set out complete facts here without any concealment only then advice can be given.
sanjeev murthy desai
(Expert) 25 July 2009
Dear Kiran,
As your fact mentioned above, your sisteres have absolute rights in respect of the ancestral property.
1. Hindu succession (amended) act has provides that the women can also get the rights by birth in their ancestral proeprty.
2. If the property was bequethed by your father through a Will/sale/gift before Decemeber 2004, subsequently your sisters rights are invalidated under the abovesaid Act.
If you require any clarifications please do revert.
G. ARAVINTHAN
(Expert) 26 July 2009
Provide full details - so our friends able to solve the issue
Y V Vishweshwar Rao
(Expert) 26 July 2009
1-Sisters will have share
2- if it is practically can not be partioned equities to be worked out, according to the situation of the property
2- According to the facts of the case the Will Deed can be challneged
3- Details to be mentioned as suggested by other leranrned friends
charudureja
(Expert) 26 July 2009
what u are saying here is your father got the property n he has made a will in ur favour. this cant be done as this is ancestral property and by way of partition an ancestral property cant be converted in to separate property.
2ndly your sisters have an equal right like you have in ancestoral property, so whether it is a dwelling house or not after the deletion of sec 23 of Hindu Succession Act now daughters can ask for partion in dwelling house.
the will can be challenged.
Jithendra.H.J
(Expert) 01 August 2009
I agree with Chardureja(evnethough you have not reverted to the request of sanjay desai)
one cannot bequeth the ancestral property through will!
