ancestral property of daughter
My mother received property after his father life time, her father didn’t make any written document to settle his property. My mother is only one daughter for her father. This property is self earned property of my grand father.
My grand father died in 1995.
Can my mother to right a will for this property?.
considering that property of your grand father is self acquired property who died intested leaving behind his daughter (i.e. your mother) as only legal heir, your mother have every right to the property left by her father and she can make a will whereunder she can bequeath the property to any person including you in any manner.
Section 30 of indian Succession Act, 1925 talks about what is an intestate property: As to what property deceased considered to have died intestate. -A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.
Section 32 talks about the procedure of devolution of such property. The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased.
section 37 says Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.
Now when your mother has got the property of your grandfather, she is the owner of the property and now she has the right to make will over the same, until and unless your grandmother is alive, then in that case, your grandmother will have one-third of his property, and the remaining two-thirds shall go to your mother, and she can make a will over taht 2/3rd property
Under the Hindu Law property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007). Unfotunately for a long time the benefit of ancestral property was derived from the male issue and if the deceased had a daughter and no male issue then the property will go to the descendants, including the daughter by succession.” [Smt. Dipo vs Wassan Singh & Others, 1983 AIR 846, 1983 SCR (3) 20]. There has been a change in the Hindu Succession Act and daughters are now recognized as coparceners but the change was made in 2005 and it will be implemented from 2005 and will not apply for successions before 2005 (Prakash v. Phulavati, (2016) 2 SCC 36). Since your grandfather died before 2005 the law at that time was that a daughter will not be a coparcener and his property will be transfered by the rules of succession and will be considered as the self-acquired property of his daughter i.e. your mother. Your mother got the property as the Class I heir of her father. Under the Hindu Succession Act, the class I heir will have complete right over the property. As she is not a coparcener she need not share the property with anyone and is the sole owner of the property and has the freedom to transfer the property the way she wants. Therefore she can make a will to transfer the property.