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Can I claim over ancestral property of my father
06-Jul-2023 (In Property Law)
My grand father constructed a house in Mumbai. He had 3 daughters and 2sons all were staying in this house. Later on being a big building for them part was rented out. In 1973 my grand father died without will. All of them i.e. his widow and two sons and three daughter till they got married were staying in this house . Nothing was given to three daughters and my fathers brother as he was paralised person every thing was managed by m.father. My father has three daughters including me and two sons one of whom died unmarried Now my father has transferd substatial part of the property to my unmarred sister and daughter in law. I want to know 1. Whether provisions of sec 6 notional partiion or dwelling unit or survivorship will apply to the first part 2 Whether property in my fathers hand is self acquired property or ancestral property. 3. Can I myself and my sister chllange the transfer of property to daughter in law and claim our share as two of us are not given any thing .?
A grandson’s rights on his grandfather’s property depends on the nature of the property. Whether the property is an ancestral property or it is a Self – acquired property.
What is an ancestral property?
A Property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
Rights in the ancestral property are determined on the basis of per stirpes and not per capita. So, the share of each generation is first determined and successive generations in turn sub-divide what has been inherited by their respective predecessors.
If the property is an ancestral property, the grandchild has equal share on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.
What is the right of the grandchild on the Self- acquired property of the Grandfather?
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.
If the Grand Father dies without leaving any Will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.
As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only, if the father is alive then she is not entitled to any share.
What is an ancestral property?
A Property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
Rights in the ancestral property are determined on the basis of per stirpes and not per capita. So, the share of each generation is first determined and successive generations in turn sub-divide what has been inherited by their respective predecessors.
If the property is an ancestral property, the grandchild has equal share on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.
What is the right of the grandchild on the Self- acquired property of the Grandfather?
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.
If the Grand Father dies without leaving any Will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.
As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only, if the father is alive then she is not entitled to any share.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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