Upgrad LLM

ancestral property rights


Dear sir/madam,

 

My made a father statement in 1994(but not registered) listing and dividing the ancestral property between myself, my brother, mother and himself not including my sister who got married in 1981.

My father has passed away about two months back. It is learned that he made a joint will(which is not yet out) with my mother(still alive).

Q.1   Does he have right to make a will of his and my mother's share?

Q.2 As the will is not yet out can we(myself, brother, mother and sister) put our names in the house property(currently in his name) and bank/post accounts? Or only mother has rights to this property and bank accounts ?

An early reply from you will be highly appreciated.

 Regards,

Dhananjay

 
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Advocate,9444674980

You father made a statement of properties in the year 1994 (unregistered)  it has no validity, it is just a piece of paper, now he is no more and you have no information about a WILL he had gone for,but  you suspect and doubt he made a joint will, favg his share,between him and your mother. 

Since it is ancestor property it has to be divided among all legal heirs of your father, when there is no partition done how can he convey his share to your mother. So go for partition of property and decide whether to add names in revenue records or not.

 
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retired

agree with sri raghavan ji.unless partition is made,your father cannot bestow his share of property to any body,because after partition only , the  ancestral property, becomes self acquire d property, of any legal heir.

the other important issue raised  in your query relates to the nature of  the property,yes. it is ancestral property and all legal heirs,male and female are entitled to an equal share of ancestral property.the female legal heir's right to ancestral property by birth, was established by the hindu succession amendment act 2005.

 
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Advocate

Reply to the specific queries raised by you are as under: 1. Some times joint wills are made although this is not an ideal practice as it presents complicated questions of coming not force. Joint wills are signed by both parties (i.e, both the testators). Each testator can bequeath what legally belongs to him / her. In case the property is held jointly then the property belonging to the deceased testator will come into force. 2. In the absence of the will, ur proposal  to get all the assets transferred to the names of all the heirs is OK.

 
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