how the property can be traeted as ancestral property how the property can be traeted as ancestral property

5 years ago

the property purchased by my grandfather inherited by my father after his death HE built house in the inherited property. 1. how the property can be treated now is that ancestral or self acquired. HOW THE PROPERTY CAN BE DIVIDED BETWEEN TWO WIFES AND THEIR CHILDREN (SECOND WIFE MARRIED WITH ALL CUSTOMS AS FIRST WIFE PARALYSED AND BOTH WIVES TOGETHER FOR YEARS) 2.treating as ancestral can it be challenged by first wife or her son in father lifetime

pournima tungatkar

Responded 5 years ago

A.The land on which house is constructed is ancestral property but house on the land is self acquired if constructed with his own income.After death of the father if there is no will property will be divided equally among class one heirs of the father. But second wife is not entitled to any share as she is not the legally wedded wife.
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Anonymous

Replied 5 years ago

hi mam,thanks for the reply.
if below is the statement which is answer for ancestral property.
the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

In my case As the land itself is self acquired by my grandfather can you please clarify whether it be called ancestrol or inherited for the grandchildren(first wife children) and please clarify whether can it be challenged by first wife son in the life time of father or not.
and how the property can shared for the children of two wives whether second wife children will be treated as class 1 heirs or not.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.
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Ved prakash Shaw

Responded 5 years ago

A.According to u property is inherited by your Father.so he becomes sole owner.During the life time of your father, children of both the wives can not claim share and partition.Only after the death of your father property will be divided equally among the two wives of your father.children of first wife will get their share equally from the share of first wife after her death and similarly the children of second will get their share equally from the share of second wife after her death
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Anonymous

Replied 5 years ago

hi sir, thanks for the reply.
here i need to clarify that my father didn't take divorce from first wife before marrying second wife (even though it was done with all rituals). First wife had one son and second wife had one son and daughter. In this case how the property will be divided . is it same as you stated above or will it be different.
Thanks

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Ved prakash Shaw

Replied 5 years ago

It is same as I stated above

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