No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited.
Can parents sell ancestral property?
This property is not earned by your father so he can not sell it to anyone. According to succession law you and your brother are legal heir of your grandfather’s property. So you need not to worry. If your father sell it to anyone you can claim it in future.
Can a father give his ancestral property to one son?
A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.
What’s the share of a daughter in ancestral property?
In other words, each daughter (Your aunties) of your grand father is eligible for 8.33% share in the ancestral property and your father is entitled to total 58.33% share in the ancestral property. 2. In case of deceased legal heir, the share shall be further subdivided amongst his/her legal heirs.
Who is entitled to 8.33% of ancestral property?
In case of deceased legal heir, the share shall be further subdivided amongst his/her legal heirs. In the instant case, the 5 daughters of your grand father are entitled to get 8.33% share in the Ancestral Property, since their father (your grand father) died in 1993 much before the Amendment to Hindu Succession Act came into effect. 3.
Can a son claim a share in ancestral property?
The share of sons and daughters in ancestral property The Delhi High Court had ruled in 2016 that an adult son had no legal claim on his parents’ self-acquired property.
How is ancestral property divided in two parts?
1. If it were to be Ancestral Property, then after the intestate demise of your Grandfather in 1993, the share in the ancestral property would devolve into two parts, i.e., one equal share of 50% to your father (Grand Father’s Son) and one equal notional share of 50% to your deceased Grand Father.
