Share in ancestral property
Ravi khanna
(Querist) 03 January 2016
This query is : Resolved
I along with my cousin brothers inherited some property from my grandfather's grandfather. Now my query is :- 1) am I the absolute owner of my share and can I bequeath my share as per my will or 2) do I have to share it with my wife,son and my married daughter and 3) how will my share be divided if I die intestate
Laxmi Kant Joshi
(Expert) 03 January 2016
If you had inherited the property from your ancestors and you had transfered it on your name in the records then you can make your will for that property, if you will died intestate then the property will equally divolve among your mother if alive, wife if alive, your sons and daughters .
Laxmi Kant Joshi
(Expert) 03 January 2016
If you had inherited the property from your ancestors and you had transfered it on your name in the records then you can make your will for that property, if you will died intestate then the property will equally divolve among your mother if alive, wife if alive, your sons and daughters .
Kumar Doab
(Expert) 03 January 2016
All other queries initiated by author at:
http://www.lawyersclubindia.com/experts/daughters-share-in-ancestral-property-575811.asp
http://www.lawyersclubindia.com/experts/daughters-rights-in-ancestral-property-575761.asp
http://www.lawyersclubindia.com/experts/Daughters-share-in-ancestral-property-as-per-father-s-will-577326.asp
provide solution to this query.
This query has also been properly addressed.
Ravi khanna
(Querist) 03 January 2016
Thanks Mr.Joshi your opinion was up to the mark.
Ravi khanna
(Querist) 04 January 2016
There is no repitition Mr.Goyal and Mr.Joshi has very appropriately answered.
K.S.Srinivas
(Expert) 05 January 2016
In case the inherited property is transferred in your name, then you can make a will in respect of that property.
Ravi khanna
(Querist) 05 January 2016
Thanks Mr.K.S.Srinivas. Much obliged.
T. Kalaiselvan, Advocate
(Expert) 11 January 2016
If it was an ancestral property and you were allotted with a share in the ancestral property, your share of property shall again be divided into equal number of shares and you will be entitled to one such share wile rest other shares shall be inherited by your children (not wife),who are coparceners and have birth right to the share in the properties in your hand.
This reply may not please you but it is the legal position.
Anirudh
(Expert) 11 January 2016
I totally disagree with the views of Mr. Laxmi Kant Joshi.
Assuming the property is ANCESTRAL as claimed by the querist (I am not sure about this, as many querists are not clear about the status of the property), then in that event, the querist will be holding the said property as coparcenary property in relation to his son(s) and daughter(s) and therefore cannot treat the same as his private property and sell.
At best, first he has to partition the property amongst all his co-parceners including himself. After such a partition, he can sell his share and not the entire property.
Ravi khanna
(Querist) 11 January 2016
Thanks Mr.Anirudh that seems perfectly expert & legally correct opinion. Thanks.
