Ancestors property Ancestors property

3 years ago

My grandfather died in 2016, he has a two brothers, they 3 were separated in 2010. They got property from their grandfather, from that property they earned some properties. Before partition my grandfather wrote will(2003) to his brother sons but my mother is only one daughter to him. He didn't gave thing to my mother. Is that will is valid? Is that property is ancestors property or self acquired property?. Can my mother/me clim that property.

Sidhaarth

Responded 3 years ago

A.Details are required to be examined. Such property does not amount to self earned property. Though WILL was executed in 2003 but the same become effective after his death only. In terms of New Hindu Law your mother can assert her right to share. If required consult with detail for detailed consultation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Niyas Fazal A

Responded 3 years ago

A.Hindu Succession Act, 1956, amendment in 2005 to give daughter an equal share like son in parental property.
Will can be made both self acquired and ancestral property. If a coparcener aquire his share in ancestral property he can make.
So your mother can claim her share in her father property except will.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
Your mother can claim her share in that property, if the property is ancestral property.
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
If the property is ancestral property, then your mother can claim her share in that property.
Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself
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Vidhi Samaadhaan Vidhi Samaadhaan

Varun Vij

Responded 3 years ago

A.Hello,
Since there was a will in this matter, the division will be as per the will in question.

Warm Regards,
Adv. Varun Vij
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