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Ravindra (SDE)     04 December 2009

Rights to Ancestors Property

A Property was owned by my mothers maternal aunt (my grandmother). My mother did not have parents & so was brought up by her maternal aunt. Upon my grandmother's death the property was transferred to my father as per her will. Now, my father has transferred to my elder brother and he is selling it without giving me any share. We lived in this house since childhood for about 25 years. Do I have any right over this property? Can I claim any right from my father? Both my parents are alive. I have only one brother.



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 8 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     04 December 2009

From your question, it is seen that the property is not you ancestral property. Your father got the property by will and it becomes his individual property. Your father can transfer it to your brother and consequently your brother has every right to deal with it. You don't have any right over it.

V Rajasekar (Advocate)     04 December 2009

Sir Even if the property is acquired by will does the other members / legal heirs have any stake in the property or not.  for self earned property,  can a person transfer to anyone on his own ? pelase clarify .

vijay Goyal (advocate, 09354102752)     04 December 2009

i do not agree with N . Ramesh. As per Hindu Succession act , the rule is that, if the propety is ancestors then a grand son can claim his right. but if  his father earned himself then he cannot claim his right

Aerosmiths (student)     04 December 2009

actually the property the partitioned by the minor's grandfather....he divided the all property equally to all his daughter's and son's and grandchildren equally....but the greedy mother wants all for herself.......the grandfather also wrote one seperate document stating that he had given the property by his own will to the minor and also sayin he is in steady consciousness to give the property to the minor..even the magistrate and one lawyer signed it for verification

lokesh n reddy (managing director)     04 December 2009

 sir my mother is the elder of her two sibling brothers.. can she claim the property now from her brothers even though she got married on 1971.. please note her father was appointed as the guardian of the property and it was registered in his sister in laws name and she has no kids..her one of the brother is dead and can she claim the property now

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     04 December 2009

Dear Mr.Vijay, a grand son does not get right in all ancestor's properties. A grandson is entitled in co-parcenary property. Concept of coparcenary is narrower than ancestors. Ancestor includes siblings to grandfather and great grandfather.   right. Further a grandson does not claim right in grandmother's property as a matter of right. Property in the name of woman is considered as individual property. Please brother reconsider your view. ok. 

Pradeep (D.M)     17 September 2010

Hi,

Could you pls suggest, whether ancestors property can be willed?? From which section we can get the details regarding this?? can I make a will on my ancestors property..? What are the terms and conditions...

Pls suggest..

adarsh kumar (student)     05 December 2010

my mother has taken care of his ancestors property (his mother's property)..............he invested the money and taken care for 16 years..........

my mother does not have any brother ........they are only 3 sisters..........but none of the 2 sisters came to look after the property.........we took lot of pain in looking after the property......we invested the money.......

now suddnely the son of one of the sister (elder sister son) has come after and demanded his right in the property........

earlier the house was just a simple land...with just the broken construction ........my mother invested the money and build the house ...........in a good way..........none of the two sister came and helped........we stayed in the house for 16 years.........

the house does not have registry...........or there was no will for the house.......

so what should b done .......so there is no such kind of problem in the future.........


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