Rajendta
2 years ago
My late father receive ancestral property through a partition suite against my grand father and my two uncles. Later on my father made a will (registered) giving a less share to me and my youngest brother. We are a Hindu family, having total 5 legal heirs. I want to know that whether my father can make a will of his share i. e 1/5 th only Or he can make will for total share as the property he got vide partition is of ancestral nature in which we all have equal right from birth itself. Please clarify whether will made by him for total share of property is legally valid.
You may claim your equal share by filing partition suit.
You are a Class I heir only in case of ancestral property as per S.8 of the Hindu Succession Act. However, as mentioned, it is only limited to ancestral property and not self-acquired. After partition, the divided property is considered to be a self-acquired property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You have a birthright only in the ancestral property and not in the self-acquired property of your father as per the Hindu Succession Act. Your father can dispose of the property as he wishes to.
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Sidhaarth
Responded 2 years ago
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Your father can do whatever he wants.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago