LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

satyanarayana (Soft engg)     26 April 2011

Right to ancestral property

Hi Forum,

Need your expert advice on partition of ancestral property.

My mother is inheriting property from her deceased father who expired without any will.  Its equal share what she is getting according to class 1 heir.

Now, after she gets her share, what will be the right of my share from my mother?  I am a major and married.

Is it the descretion/decision of my mother to divide her share equally or partially among sons and daughters? Can I go ahead and ask for the share that I am legally entitled as a grand daughter since I am major.

Please clarify.




 7 Replies

R.Ramachandran (Advocate)     26 April 2011

Dear Mr. Satyanarayana,

What your mother got is her personal property and not 'ancestral' property.  Therefore, she is the absolute owner of the property.  She can do anything with the property as she likes.  No one has any right to claim any share from the said property. 

satyanarayana (Soft engg)     26 April 2011

Hi ramachandra. What my mother got is property share from her father property so how is it her personal property and not ancestral property and moreover she got it after I was major

R.Ramachandran (Advocate)     26 April 2011

Whether she gets the property after you become major or double major is not material.  What is material is provisions in the Hindu Succession Act.  Section 6(2) provides as under:

"Any property to whicha female Hindu becomes entitled by virue of sub-section(1) shall be held by her with the incidents of coprcenary ownership and shall be rgarded, notwithstanding anything contained in this Act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition."

satyanarayana (Soft engg)     26 April 2011

HI Ramachandra,

Thanks for your update and referred to amendment of Hindu Succession Act. 

There is slight confusion in my wordings earlier.  I am talking of grand father self acquired property passing on to grand daughter (who is a major) from mother (alive and who is yet to inherit the share in the property among her brothers and sisters).

From the statement of the act you sent, I understood that its referring to daughter of a coparcener under section 6(1) and 6(2).  Now coparcener means one of two or more persons inheriting property.  Now, daughter of coparcener means grand daughter right? Kindly clarify.

With regards.


Good advice by Mr. Ramachandra.

suresh (software engineer)     29 May 2011

You dont have any share in your mother's inherited property from her father.

(a) This is not ancestoral property (maternal grand fathers property)

you have "birth right" as per coparcanary law only on the ancestoral property (i.e. you have birth right on your paternal grandfather's property).

(b) Affter your mother's father died ---> his property will devolve based on class I heirs --> one of which is your mother.

(c) Your mother has full control over this property till she is alive. Your mother has all rights to sell / will / gift  this to anyone. Only after her death, her share will devolve again based on calss I heirs --> one of which is you.

Geetha Gupta (Director)     14 May 2012

i wish to add to Sh suresh's answer - you have an equal right along with your siblings and you father only if she dies intestate ie.. without a will.

Any property of a woman is her absolute property. so no one has a birth right in her share

Only in the case of males, do we have the need to make this distinction whether it is ancestral or self- acquired.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register