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What can be done in matter of ancestral property dispute


25-Jul-2023 (In Property Law)
Iam woman aged 42, I married on 05/06/1995, my father died on 11/02/2005. My brother died on 06/04 2012, he has one boy aged 18 and my brother wife aged 40. My mother age is 63, I only feed my mother , I look after her medical food needs, my father got house from my grandfather, during partition with his brother so it considered ancestral property . we all live in that house, my father written registered will , in which he stated after my wife death the house goes to son ' s son. Is that correct? If illegal how can I deal this issue? As of my mother got torture from his grandson and son's widow wife my mother wants to give her's portion to me ( I m daughter) if so is that legal , how she may give her part to me in Hindu undivided family act? Since 1989 act, if I m claimed my property in such case , how it divided?. My mother wanted to give her portion of property to me' how can it divideded separated? Now she wanted to write dhanagraiya settlement is that valid?
Answers (2)

Answer #1
689 votes
Madam,
As far as the property is concerned your father got it from your grandfather by way of partition entered between your father and his brother, right, then the partitioned property becomes self acquired and not ancestral property. Here your father had constituted a will is valid as such, but conditions laid down in the will has to be studied further, so that a concrete solution can be given.
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Answer #2
714 votes
Even though the property may seem ancestral from the normal point of view, your father got the same through partition, and so, he has the right to bequeath it through a will. There are many aspects to be seen, which can be understood only after perusal of the will. Only after studying the recitals in the will, we can come to a conclusion as to whether a dhanagraiya settlement would be valid.
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