Legal Question in Real Estate Law in India

1. Are children entitled to or have a right over ancestral maternal property? (Property received by their mother from either of her parents, in this case the grandparents of the children)

2. Are daughters entitled to / have a right to claim property of the father when there are no male siblings? (Will there be any different law applicable if their father�s property is either inherited / ancestral or self acquired)

3. If property is either gifted to daughter or she receives it as ancestral property, will all her children in future be entitled to / have equal rights over that property?

4. If a lady receives property from her parents either by way of will or gift & passes it on to only one child, can her other children claim a share, if she has not / does not want to give them equal share?

5. When a lady receives / inherits ancestral property & has one child, to whom she gifts it as sole heir & then subsequently has further children, can the 2nd, 3rd or 4th children be entitled to / also claim equal share?


Asked on 12/04/10, 3:16 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

self acquired property can be bequeathed through a will to anyone. ancestral property cannot be bequeathed and has to be partitioned to determine share of everyone. as per amendment, both sons and daughters have an equal share. in case lady receives property rights after partition, its her self acquired property.

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Answered on 12/04/10, 4:00 am


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