Manish S (GM) 25 June 2012

Property inherited from mother

My Grandmother had a house property in her name (actually bought by my grandfather, in her name). She died without leaving a will behind in 1985. She was then survived by my Grandfather and two children (my father and my aunt. Of course my mother, sister and myself were also around). My grandfather also expired in 1993 without leaving a will behind. After my Grandfather's death, my aunt registered a relinquishment deed in favour of my father and his heirs..and using that, my father got property mutated in his name, got the property freehold and now holds conveyance deed. This was done in 1999-2000.

Now my father wants to write a will or register a gift deed in my favour for the house. As stated earlier, I also have one sister. Can he do that legally. Will the property that my father has so inherited be considered an ancestral property? Will my sister have equal rights in this property. Please advise.

Regards

Manish

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 June 2012

Dear Manish, This has to be understood in it's correct perspective. When your grandmother died the property devolved on your father/aunt/grandfather in equal respects. This property since it is got by a paternal ancestor (i.e his mother) the same if ancestral in your hands. As soon as he got his 1/3rd - you and your sister got to share that with him to the tune of 1/3rd of 1/3rd each - 1/9th each of you. Later when grandfather also died your father's branch's share got augmented further. Now stood at 1/2 of the property. Now this half he again shares equally with children. Now the property stands at 1/6th each. Now when the sister gives a registered relinquishment deed. He holds the property intoto but not exclusively but as ancestral property and now you your sister and father has 1/3rd share each. Hence father can at best give you his 1/3rd and not the entire property notwithstanding the mutation and all.

Feel free to talk !

Manish S (GM) 25 June 2012

Hi Bharat

Thanks for replying back. I would have thought the same but read in lot of forums that if one inherits property from Mother, it will not be considered as ancestral property. So this will be treated as a self acquired property and my father can gift the property or write a will completely in my favour.

I would have agreed to your view point completely, if the property was in my grandfather's name. Are you suggesting that it does not matter if one inherits property from Mother or from Father. The coparcener concept, I thought would have been applicable only if the property is held by Male member (i.e my Grandfather)

In both the cases, what should be the best way forward- should I get a will from only my father and relinquishment deed from my mother and sister, so that this can be done. Or do I need to get gift /will from both my father and mother and relinquishment deed from sister.

Awaiting your reply...Thanks in advance.

Regards.

shubhneer gupta (manager) 30 September 2012

Hi!

My great grand father built a house in one of most posh localities in Delhi in the name of my great grand mother. My great grand mother left an unregistered will in the name of her son ( my grand father ) and her 3 grandsons ( my father and 2 uncles) in the ratio of 25 % each share . My grand father died without a will so his 25 % got divided into 5 equal shares of 5 % each between my grand mother, my aunt ( Bua ), my father and two uncles. Now my father also died leaving behind a will in the favour of myself and my mother. Can my grand mother claim share in my father's share ie. 30% of this inherited property? And can she will her share of this inherited property to my uncle? My uncles are not accepting my father's will as it is also unregistered. Can a mother have a right in the share of her son of a property that has been inherited directly from the actual owner through will? Please advise.

Thanks and Regards,

Shubh