Question about ancestral property Question about ancestral property

3 years ago

My wife's grandfather had property. For ease of calculation, lets say 4 acres.
This was divided amongst 4 brothers.
So each brother got 1 acre.
My wife's father also bought another 1 acre of his own and also built a house partially on the land that he got from his father.
I understand that my wife's father can make a will and give his self-aquired property to his son. Can he also give the property that he got from his father without giving a share to my wife?
My wife was about 16 years old when this grandfathers property was divided amongst the 4 sons and grandfather was still alive.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.First understand concept of ancestral property. The above property seems not ancestral property. If my answer is helpful to you then please give my FIVE STAR
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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