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Ancestral property or Self acquired property
12-May-2025 (In Property Law)
My great grandfather[A] had passed away without leaving any will. Later his 2 sons[ B and C] shared the Properties and get it registered under their names. What is the nature of the Property under B can be called as either ancestral or self acquired. B has wrote registered will to his grandson by ignoring his daughters. If the Property under B can be called as ancestral property, daughters of B will have the equal rights and the will do not hold any valid. Clarify me
hi if he had registered the property without adding as you legal heir and without giving your lawful share then you could file suit for partition asking for share in the properties and also for cancellation of sale deed
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Adv. Baddam Aravind Reddy
Secunderabad | 1000+ Answers
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If your great-grandfather A died intestate and his sons B and C later divided and registered the properties between themselves, the property B received is not ancestral but becomes B's self-acquired property by partition. Once B receives his share, it becomes his absolute property, and he can dispose of it as he wishes.
Hence, the property under B is not ancestral in the hands of his children. Therefore, B’s registered will in favor of his grandson is valid, and his daughters have no legal right to challenge the will merely on the ground of being his daughters.
Only if the property had remained undivided from A down to B’s children, it could be considered ancestral. Since partition occurred, the character changed to self-acquired.
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Adv. Koteshwara Rao
Vijayawada | 25+ Answers
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