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P K Singh   06 June 2016

Rights of daughter on ancestral property

Dear All,

I am looking for a legal opinion on rights of my mother who is the only daughter of her parents over her parental property ( both ancestral and self acquired) . The ancestral  property which is mostly agricultural were transferred to my maternal grandmother's name from my mothers grandfather . Now after my grandmother's death, my parents are taking care of my maternal grandfather since more than 15 years by now .Kindly suggest what legal formalities we need to have in place to avoid any future litigation in property which is to be transferred to my mothers name as she is the only legal heir after my maternal grandparents as per our understanding . We are a Hindu family in the state of Bihar . The property has been mutated/transferred in my maternal grandmothers name who is no more with us and property tax paid receipts are also in her name only . 

We want to execute a Will or any other kind of legal document by my maternal grandfather who is alive now to make my mother the sole owner of all property to avoid any relative / heir to claim any share in the properties in future course of time  .But as per existing documents my maternal grandfather doesn't own anything as his father transferred all property in the name of my maternal grandmother. kindly suggest !! Thanks . 



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 6 Replies

Kumar Doab (FIN)     06 June 2016

You have not made it clear which property and how it was ancestral?

You have posted that:

 

--- "The proeprty stood in the name of mothers grandfather!"

 

---"The ancestral  property which is mostly agricultural were transferred to my maternal grandmother's name from my mothers grandfather"

"We are a Hindu family in the state of Bihar"

How was it transferred say Transfer/release/relinquishment/sale/gift deed etc?

Whether such deed was valid and registered?

 

---"But as per existing documents my maternal grandfather doesn't own anything as his father transferred all property in the name of my maternal grandmother. "

 

Believing that all property was vested in the name of Hindu female by a valid and registered deed, and she was the owner, and she has died without leaving a valid WILL, then, as per Hindu Succession Laws: 

 

If the property is self acquired/absoloute it shall be distributed: 

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband, Secondly, upon the heirs of the husband, Thirdly, upon the mother and father, Fourthly, upon the heirs of the father, Lastly, upon the heirs of the mother .

 

If the property was acquired from Father or Mother, then the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters

 

If the property was acquired from Husband, in that case the first right will be of the heirs of her husband ,  in case of absence of his sons or daughters

 

You may also go thru the local laws as agriculture is a state subject and local laws may prevail upon in case of agricutural property.

 

You should engage  a very able counsel specializing in local

laws/family/revenue/property/civil matters, and show all mutation record and link documents for a considered opinion.

 

 

1 Like

SAA_Bombay (Pro)     06 June 2016

Good Advice by Mr. Kumar. 

1 Like

P K Singh   06 June 2016

Dear Mr. Kumar Doab ,

Thank you for your advice and for taking your timeout to answer my question .This is to further clarify your query -

"You have not made it clear which property and how it was ancestral?"

The property includes a self owned house and agricultural land. It is my maternal grandfather’s

Ancestral property.

" How was it transferred " - My maternal grandfathers father transferred it to my maternal grandmother by way of “Wasiyat Nama / Will “stating properties are transferred to his daughter in-law i.e. all property was vested in the name of Hindu female by her husband’s father .

In a scenario like this where the female has died, does a “WILL”  by her husband ( my maternal grandfather) can be treated as a valid legal proof  to vest all property in the name of their only daughter (my mother ) . or can we prepare any document where my maternal grandfather would state that my mother is the only legal heir as she is the only child of her parents .

Please advice. Thanks.

Kumar Doab (FIN)     06 June 2016

The valid WILL is the legitimate way.

After the death of the lady the proeprty shall devolve upon her legal heirs.

"Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband, Secondly, upon the heirs of the husband, Thirdly, upon the mother and father, Fourthly, upon the heirs of the father, Lastly, upon the heirs of the mother ."

The local authority or concerend revenue officer under whose jurisdiction the property falls shall provide forms/procedure to transfer on the basis of Intestate death e.g patwaari and may accept the affidavit of legal heir.

 

Check with concerned office.

 

 

1 Like

P K Singh   09 June 2016

Dear Mr. Kumar Doab ,

Dear Mr. Kumar Doab ,

just wanted to mention one more point  that my grandmother died in the year 1999 whose only daughter is my mother and my grandfather is alive now . In this case ,

i) does it qualify for daughetr's right over ancestral property  and

ii) can husband prepare a WILL after his spouse (who has been vested with all property) death to make their daughter (only child) the only legal heir for all property.

Kumar Doab (FIN)     10 June 2016

1. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property.Property inherited by will and gift are not ancestral properties.

 

2. It has already been pointed out that: 

After the death of Hindu woman the proeprty shall devolve upon her legal heirs.

"Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,................."

 

The local authority or concerend revenue officer under whose jurisdiction the property falls shall provide forms/procedure to transfer on the basis of Intestate death e.g patwaari and may accept the affidavit of legal heir.

 

Check with concerned office.

 

3. Your grandfather can dispose his share :(1/2 or 50%)in favor of your mother in his lifetime as it pleases to him say: WILL/Gift etc.................... 

 

4. Your mother should get (1/2 or 50%) after her mother's death.

 

You may also go thru the local laws as agriculture is a state subject and local laws may prevail upon in case of agricutural property.

 

You should engage  a very able counsel specializing in local

laws/family/revenue/property/civil matters, and show all mutation record and link documents for a considered opinion.

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