Home/NRI/My great grandfather had 2 separate properties on each side of the road. One of those property was inherited by my grandfather and other one was inherited by his (grandfather's) sibling. My grandfather has 2 sons i.e. my father and my uncle. But my father passed away in 2001 and my grandfather passed away 5 years back. So, in this scenario, is this property considered an ancestral property? Our family and my uncle's family used to stay under one roof but on different floors with separate kitchen. But I am an NRI now and no longer staying in the premises. This property was never partitioned or divided between any generations. My grandfather made a will (before dying) to give 100% of this property to my Uncle. So, in absence of my father, can I claim half of this property even though my grandfather made a Will? Is this WILL illegal as he has no rights to make a will as this is an ancestral property? Please clarify what options do I have and how can I claim my portion.
Q.
My great grandfather had 2 separate properties on each side of the road. One of those property was inherited by my grandfather and other one was inherited by his (grandfather's) sibling. My grandfather has 2 sons i.e. my father and my uncle. But my father passed away in 2001 and my grandfather passed away 5 years back. So, in this scenario, is this property considered an ancestral property? Our family and my uncle's family used to stay under one roof but on different floors with separate kitchen. But I am an NRI now and no longer staying in the premises. This property was never partitioned or divided between any generations. My grandfather made a will (before dying) to give 100% of this property to my Uncle. So, in absence of my father, can I claim half of this property even though my grandfather made a Will? Is this WILL illegal as he has no rights to make a will as this is an ancestral property? Please clarify what options do I have and how can I claim my portion.
Hi!You can consider property as ancestral if a property passes to the next four generations. Although in your case your father died before passing his portion of land to you or your siblings, and since your grandfather lived after your father died he was the legal owner of the land at that time. And a legal owner can make his Will according to his wish.However, since your father's portion is supposed to be shared according to Hindu law I believe you can file a suit and claim your portion. Yet, I would suggest you consult a lawyer for this situation. Only a lawyer can guide you properly to claim the property.
Post
Question
My great grandfather had 2 separate properties on each side of the road. One of those property was inherited by my grandfather and other one was inherited by his (grandfather's) sibling. My grandfather has 2 sons i.e. my father and my uncle. But my father passed away in 2001 and my grandfather passed away 5 years back. So, in this scenario, is this property considered an ancestral property? Our family and my uncle's family used to stay under one roof but on different floors with separate kitchen. But I am an NRI now and no longer staying in the premises. This property was never partitioned or divided between any generations. My grandfather made a will (before dying) to give 100% of this property to my Uncle. So, in absence of my father, can I claim half of this property even though my grandfather made a Will? Is this WILL illegal as he has no rights to make a will as this is an ancestral property? Please clarify what options do I have and how can I claim my portion.
Sachin
✔In Progress
👁309
Views
September 18, 2021
2021-09-18T04:09:48+00:00 2021-09-18T04:09:48+00:00Comment
1
Answers
NRI
Share