Transfer of inherited property to wife
5 years ago
I have got share of inherited property and the property is in my name.I have three sons and two daughters. All the sons and daughters are married.Presently I want to transfer the whole property in the name of my wife without the consent of his sons and daughters. Is it possible to transfer of the inherited property to my wife?
Anonymous
Replied 5 years ago
Dear Sir,
Actually I have acquired inherited property mainly from my father ,my mother and mama ji.My father had acquired the property from his ancestors.My mother and mama ji had purchased property from someone else.Â
I have three sons and two daughters (all are married).This is the situation.Â
Now my question is that can I transfer my whole property to my wife without the consent of my sons and my daughters?
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
T B L Murthy
Responded 5 years ago
Anonymous
Replied 5 years ago
Dear Sir,
Actually I have acquired inherited property mainly from my father ,my mother and mama ji.My father had acquired the property from his ancestors.My mother and mama ji had purchased property from someone else.
I have three sons and two daughters (all are married).This is the situation.
Now my question is that can I transfer my whole property to my wife without the consent of my sons and my daughters?
T B L Murthy
Replied 5 years ago
You can transfer the property inherited from mother and Mamaji. But with regard to your father's property, it will have to be seen from mutation or other property inheritance documents as to whether it is joint hindu family property or not.
Anand Shukla Legal Practitioner,Legal Consultant & Advisor
Responded 5 years ago
If it is ancestral property inherited by you then you cannot transfer. But if it is not ancestral property inherited by you then you can transfer it. The definition of ancestral property is given below.
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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.
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