Can a daughter claim ancestral property?
There is an ancestral property which was already partitioned among 4 sons via registration deed in 1995. Father died before partition. In that registration, they didn't mention 2 daughter's names nor their signatures. Government had donated a few acres of land to Father, since he was a freedom fighter. That land went to one of his sons(S3) during their partition via registration. He died without getting married. He did an unregistered will to one of his brothers(S4). Mother and three sons(S1, S2, S3) are not alive now. Questions: 1. The property of S3 can be transferred to S4 via will or S3 will is not valid since that property was from his father(self-acquired via Government) going back to source(father)? If it goes back to source, can daughters be eligible to claim? 2. Can daughters be eligible to claim ancestral property since the registration deed didn’t include their names/signature?
Since the unregistered will made by S3 to S4 cannot be accepted as valid on the property acquired from his father since it constitutes ancestral property that cannot be dealt with or bequeathed without mutual consent of all the legal heirs including daughters as beneficiaries, so the daughters are entitled to their share as legal heirs under the law of intestate succession. Although the ancestral property, though it is not mentioned in the partition deed in 1995, the daughters are not excluded from it. Under the Hindu Succession Act, daughters get equal share in regard to ancestral property, and exclusion in the partition deed will not nullify that right.
The property of S3 can be transferred to S4 via will, even though the property was originally acquired by S3's father and was thus self-acquired. Under Indian law, a person has the right to dispose of their property as they wish, regardless of how they acquired it. However, if the daughters can prove that the property was ancestral property (i.e., that it was passed down to their father from his ancestors), then they may be eligible to claim a share of it, even if they were not named in the partition deed. Contact us on our helpline number for further enquiry.
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