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Do I have right over my mother's ancestral property?
29-Jan-2023 (In Property Law)
My mother was born in 1948 and died in 1983, I am a son of her. My mother is elder along with a sister and a brother are siblings. My mother got love marriage in 1965 with same caste. Hence, my grandfather (mother's father) wrote an unregistered will in 1987 to my grandmother and he died in same year. My grandmother partitioned the property first with her son and then made a settlement to her younger daughter in 2004. I would like to know that can I have rights to ask property from my grandfather's ancestral property (Mother's father side). I am a Hindu.
He had full rights on his property to dispose it in the manner he desired or felt justified to whomever he had chosen.
His property was bequeathed to his wife by executing a Will.
The Will came into force upon his death and your grandmother, who was the sole beneficiary of the bequest made therein, became the absolute owner of the Will mentioned property.
Upon being conferred with the title to the property, she had full rights to dispose the property in the manner and mode that pleased her or she decided about it.
Therefore the partition or settlement made by her to her son and another daughter is absolutely valid and cannot be disputed.
thus, your mother cannot stake a claim in the property for a share as a right because she has no right in it.
If your mother herself has no right in her father's property, you just being the son of your mother do not have any rights in the said property, therefore you cannot ask for a share in it.
Please be aware that the 'ancestral' means a recognition through your father, his father, his father and so on. Ancestral ship is not counted through maternal route.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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