Hello,
To answer your questions:
1. Since your great grandfather’s property has not been divided yet, he cannot gift such undivided ancestral property as every lineal descendant under the four generations has a right by birth to claim their share in such a property.
Such a property can only be gifted if the manager of such property (I am assuming it is your great grandfather only) does so for pious or religious or charitable purposes.
Or he can only gift part of such ancestral property to his daughter as long as such portion is valid, as stated in the case of R. Kuppayee v. Raja Gounder SCC 295.
2. The right of a family member in any such undivided ancestral property extends upto the fourth generation; that means in your great grandfather’s property, his descendants will include your grandfather, your father and you. So, you also have a right in such ancestral property by birth itself and you can ask for a partition or any other devise of the ancestral property in order to claim your rightful share.
So, to answer your question, your right in such undivided ancestral property does not apply only after his death, but is there with you since your birth.
3. Earlier, daughters did not have any coparcenary right in the family property, but since the 2005 amendment of the Hindu Succession Act, 1956; daughters are a coparcener and have an equal right in the family property along with the sons.
So, now that the daughter is a joint legal heir as a son is (as held in the case of Vineeta Sharma v Rakesh Sharma SCC 1), it means that any daughters upto 4 generations will be entitled to inherit such ancestral property.
As a result, according to your question that will daughter’s daughter’s daughter will be included in the ancestral property right, the answer is is yes as such a great granddaughter will be the 4th generation to your great grandfather.
