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Rajiv Saigal   14 October 2021

Property will

An old Hindu  lady has ancestral property in Drlhi

She is not married. Can she Will her property to her sister's daughter or brother. Naturally she does not have any offsprings but her brothers and sisters  have  children . Thanks



 6 Replies

Anusha Singh   15 October 2021

As per your query it is understood that you need information regarding the legal heirs of the ancestral property.

Ancestral property is the property inherited from paternal ancestors up to the next four generations undivided. Under ancestral property of Hindu law, the daughter or son of the family receives the ownership title by birth itself. As per the law, only the head of the family has the right to make decisions related to ancestral property. There are many confusions and questions around the ancestral property, one of the common questions is ‘Can an ancestral property be willed?’ I will take it up here and tell you about the conditions under which ancestral property can be willed.

But to begin with, an ancestral property can not be willed, if willed it will not remain ancestral property. Here are a few things you must know about ancestral properties.

1.    In the case of ancestral property, every child has equal rights on the property. The earlier ancestral property was divided between the male members of the Hindu family but after 2005 daughters also have the equal right to ancestral property.

2.    If an ancestral property is willed it will become self-acquired property.

3.    If the ancestral property is divided into the owners of the property as per the share. Then the property will lose the title of ancestral property.

4.    Self-acquired property can become the ancestral property if passed to the next four generations undividedly. Similarly, if the ancestral property is willed according to respectable share then it will not be called ancestral property the title of the property will be converted to self-acquired property.

To sum up, a simple answer to your query ‘can ancestral property be willed’ is No!!

Hope it helps!

 

Regards,

Anusha Singh

Dr J C Vashista (Lawyer)     15 October 2021

What is your problem / concern / locus standi ?

It is not your personal problem, isn't it ?

 

GANDHI MOHAN BHARATI (Pensioner)     15 October 2021

This raises an interesting question. Under the "WOMEN'S PROPERETY ACT, 1956" any property coming into the hands of a woman by way of gift, sreedhan, will or by any means is deemed as SELF AQUIRED PROPERTY. Now in that case a woman inheriting a property as per amended rights to women to acquire ancestral proerty also needs to be treated as SELF AQUIRED PROPERTY. I will be obliged for a legal clarification on this issue

Rajiv Saigal   15 October 2021

Thanks . But I am always left confused. 

P. Venu (Advocate)     15 October 2021

The property is personal/self-acquired in the hands of the said lady. She can dispose of or bequeath the same at her discretion.

Rajiv Saigal   15 October 2021

Ok thanks for the repky


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