Inheritance - adult unmarried female
1 year ago
I’m an adult unmarried female
My father has 4 siblings (2 brothers and 2 sisters)
My father has inherited a property (flat) all by himself after the death of his father (my paternal grandfather)
Similarly one of his brothers (my paternal uncle) has also inherited another such property (flat) after the death of my grandfather
Other siblings (my uncle/aunt) signed an NOC for the same
As they received other movable form of inheritance
Later, my father and paternal uncle had an exchange of their properties and transferred the same in the said name
My father exchanged his property with his brother and transferred it on his name and vice versa
Eventually, my father has become an onwer of property (flat), which was originally bought by his father (my paternal grandfather) and after his death was taken up by one of his son (my father’s brother/my paternal uncle) and later transferred to my father
Does this property counts as an ancestral property by law?
Do I have any right in it?
Can my father make a will on it?
Can my father obsolete me from such a property and give it away to my brother?
It is your father’s self acquired property after his death you can claim your share in that property but during his lifetime he can execute any Will or Gift Deed which you cannot resist.
Anonymous
Replied 11 months ago
Respected Sir,
Could you kindly help me understand how does this become a “self acquired” property, when it was originally bought by my Grandfather under his own name and later after his demise was taken up by my father
Now it is solely on my father’s name
Do I have any legal right in it?
Your experienced guidance would be very helpful
In the given facts of your query responses are noted hereunder
As regards query No.1 - The property shall be treated as an ancestral property.
As regards query No.2 - In case of ancestral property, all the heirs got right to said property by birth.
As regards query No.3 - Your father can make a will for his share in the ancestral property without
depriving any legal heirs who acquired the right on the said property by birth.
As regards query No.4 - In case of ancestral property, the present owner can not delete the name of any
legal heir without his or her consent
As per the infromation you have mentioned it is clear that it is still a ancestral property and you are also a coparcener in that property as per Hindu Succesion Act.
No, you father cannot make a will for that property unless he is he karta of the familt doing it for the benefit of rhe estate.
No, he cannot obselete you from the property .
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