Hindu succession law
2 years ago
In 1985 my grandfather get the property through partition. his son, means my father is addicted with alcohol, due to this, in fear of loss of property my grandfather transfer entire property to me and my brother through will deed. in year 1994 my brother died. he was unmarried. later on my grandfather also died, in year 2000 my father made application before competent authority for entering my name on 7/12 extract as per will deed of my grandfather. now on 7/12 extract of property only my name shown, so my question is.....
1) whether property come to me is my self acquired property or ancestral property ?
2) can my father claim his share in said property ?
3) whether my grandfather can transfer his entire ancestral property by will directly to me ?
A.Dear Sir,
My answers are as follows:
1) whether property come to me is my self acquired property or ancestral property?
Ans: In your hands it is only self acquired property.
2) can my father claim his share in said property ?
Ans: In the property of deceased son he can claim share.
3) whether my grandfather can transfer his entire ancestral property by will directly to me ?
Ans: After partition your grand father has to treat that property as self acquired property. Grandfather can bequeath only his share by a Will and not entire ancestral property.
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My answers are as follows:
1) whether property come to me is my self acquired property or ancestral property?
Ans: In your hands it is only self acquired property.
2) can my father claim his share in said property ?
Ans: In the property of deceased son he can claim share.
3) whether my grandfather can transfer his entire ancestral property by will directly to me ?
Ans: After partition your grand father has to treat that property as self acquired property. Grandfather can bequeath only his share by a Will and not entire ancestral property.
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Sidhaarth
Responded 2 years ago
A.The WILL comes in force only on death of executant i.e. your grand father. Since your brother has expired so your grandfather was supposed to make necessary changes in his WILL accordingly. Merely because property belongs to grandfather does not amount to be ancestral property.
1. Self acquired.
2. Your father has no right in the property but being legal heir of deceased brother your mother being class 1 legal heir can claim your brother's share.
3. No.
1. Self acquired.
2. Your father has no right in the property but being legal heir of deceased brother your mother being class 1 legal heir can claim your brother's share.
3. No.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.1)Your grandfather got that property through Partition so it is not an ancestral property but a self acquired property in your hand.
2)As per you, your grandfather transferred entire property to you and your brother through Will but your brother predeceased your grandfather so it is necessary to scrutinize that Will as well as the Probate application how your father got the locus standi to file any application. It is necessary to know whether your father is the Executor of that Will or not. Please take note that if in that Will,your father's name was not mentioned as Beneficiary,then he can't claim any share on the basis of probated Will.
3)Your Grandfather's property is not ancestral but self acquired and therefore your father has no right to give objection if the entire property could be given to you through Will. In this context it is necessary to scrutinize that Will because as your brother predeceases your grandfather, therefore,until and unless your grandfather made any change in that Will,you can be the sole beneficiary of that Will and can be the absolute Owner.
2)As per you, your grandfather transferred entire property to you and your brother through Will but your brother predeceased your grandfather so it is necessary to scrutinize that Will as well as the Probate application how your father got the locus standi to file any application. It is necessary to know whether your father is the Executor of that Will or not. Please take note that if in that Will,your father's name was not mentioned as Beneficiary,then he can't claim any share on the basis of probated Will.
3)Your Grandfather's property is not ancestral but self acquired and therefore your father has no right to give objection if the entire property could be given to you through Will. In this context it is necessary to scrutinize that Will because as your brother predeceases your grandfather, therefore,until and unless your grandfather made any change in that Will,you can be the sole beneficiary of that Will and can be the absolute Owner.
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A.Hi,
It will be your self acquired property. Your father can't claim your self acquired property as that is something only you has right upon. If it was an ancestral property, you and your father could have claimed the share and have right to ask for partition.
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It will be your self acquired property. Your father can't claim your self acquired property as that is something only you has right upon. If it was an ancestral property, you and your father could have claimed the share and have right to ask for partition.
Please rate my answer
Thank You
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Father’s self acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament. Your father can't claim share in the property which is transferred to you. In case of ancestral property, you and your father have right and both of you can ask for partition.
Please rate my answer
Thank You
Father’s self acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament. Your father can't claim share in the property which is transferred to you. In case of ancestral property, you and your father have right and both of you can ask for partition.
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