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balwinder s bains (Nil)     07 April 2012

Will it still be ancestral property or self acquired?

 

Learned lawyers,

Please suggest the following;

  1. A is grand father and he acquires property from his father B partially via will and some part via court decree. As B has 5 sons and he prepares will in year 1962 and passes away in 1982 and ater his death the transfer of ownership is registered in equal parts with in 5 brothers. Question is? So as possession of some part of the property was given way back in 1962 but was not registered in the name of these five brothers. Father asked or the all 5 sons file a suit and get the decree enforced from court for registration in their name jointly. Questions are?
  2.  Is it a ancestral property for the grand son and can he claim his share from the grand father in case he sells the property to her daughter? 
  3. If this is not acestral property then how can grand child claim his share as his father iss no more? 
  4. In aother case the possession was given by the graet grand father to his 5 sons way back in 1962 but the mutation or registeration was not done in revenue records and GGF asked his 5 sons to file suit in the court and they filed and civil court issued decree to register the deed in the name of all 5 sons,
  5. Now the Q is, Is it a ancestral property for the grand son? Can he claim his share or can file suit for declaration the sale deed void signed by his grand father in the ame of her daughter?  
  • Your early and quick advise will be highly appreciated.
  • Please oblige.
  • Best regards,

 



 6 Replies

balwinder s bains (Nil)     07 April 2012

Note; These querries are from grandson of A. B is his great grand father.

R.Ranganathan (Director)     08 April 2012

Once a property has devolved upon either the beneficiaries or the legal heirs through a process of law then it becomes the sole and absolute property of that person. It cannot be called ancestral property for eternity. The ancestral nature gets extinguished. Here the grandsons have no right in the property as the ancestral nature is extinguished but the property now in the hands of A becomes ancestral for his legal heirs if A dies without leaving any will.    

1 Like

balwinder s bains (Nil)     09 April 2012

Thanks Mr. Rangnathan,

Though all this property is being transferred ancestrally by their fore fathers. It looks very strange that how simple formal procedure of change of ownerhip can create or become a tool of injustice.

But now another question of law arises that If the transfer was due to or by will than can any one transfer the whole of ancestral coparcenry property by will?  

Can this be disputed? Is there any limitation of time to challange this will? The child is still a minor of 4 years his ather died about 3 months back only. A case under IPC sec 498, 406, 506 etc is live in a civil court against in laws. At the same time the GF is saying that he alreaddy debarred his son 4 years back just before the case was registered against them. So as the father of the kid was debarred and so he has no right in the property. 

Best regards and Thanks very very much again for your valuable time.


balwinder s bains (Nil)     09 April 2012

Note; father died about 3 months back

R.Ranganathan (Director)     09 April 2012

Only the portion which is allotted to a person becomes the property of that person and that only can be transferred through due process of law i.e. either by will or conveyancing. A will can be questioned by the beneficiaries if it is not as per the legal requirements. 

balwinder s bains (Nil)     09 April 2012

I think I could not explain my queries perfectly. My question was: 

1. If great grand father did an illegal act while raising will in favour of his 5 sons way back in 1962. As for as I am aware of any Karta can only raise a will in favour of any beneficiery equal to his own share of ancestral coparcenry property? So the great grand father did a illegal act of issuing will of whole of ancestral property received by him from his own ancesters.

2. Can this be now challanged in the court or have become time barred already?

Thanks,

 

 


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