Property issue in family
2 years ago
Hello, I want to know about the rights of a wife and a unmarried daughter if my father is giving their property to their brother's son because we are two sisters, we don't have any brother. And this property is ancestors property not my father's property. So what we can do to stop our father to give the some part of property to my cousin brother, so is their any right of a daughter (me) and my mother. What we can do because it's ancestors property and I have full right to claim on it being a girl. And the will that my grandfather had made, refused by my father and their 3 brothers but still we r ready for the another will made by everyones agreement but still my father and other their brother are not ready to give some part of property because we r two sisters and don't have any brother, and I also can't claim for grandfathers will because construction work has already started fir our house according to 2nd will which is considered by everyone agreement but still our some part of property they are not ready to give and my father is also involved in that and now my house construction is also stop because that part of space comes in my house and they r not ready to give. it's request please please help.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Aap ke father ko is property ko will karna ka koi adhikar nhi hai.
But aap ko court me partition or share gain karne ke liye case file karna hoga.
Agriculture property me law alag hai. Vahan par har state ka kanoon alag hai.
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You have a right to claim maintenance for yourself and your mother and thus create a charge over a such property. Take injunction order not to alienate in any manner the said property as you lose your right to get maintenance in future if alienated.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
In the instant case,first of all it is required to be ascertained whether the property is ancestral or not. If the property remains unpartitioned for last four generations,then that property will be considered as the Ancestral property and in such case your father cannot deprive you,your sister and mother from the right of inheritance,otherwise he can.
Please take note that it is not clear from your question whether the property has already been partitioned or not in registered manner. It has not also been specified clearly whether there is any family Settlement by virtue of which construction work is going on in some part of that property and the property at present is in whose name.
Will until and unless probated has no legal value. Properties that one acquires through the execution of a will, do not qualify as ancestral properties and therefore if that Will has been probated and the beneficiaries named in that Will got their respective share in that property,then the respective share of those beneficiaries become each of their self acquired property which they can transfer in favour of any person of their choice depriving the legal heir and heiress. In such case your father can transfer his self acquired property in registered manner to his brother's son.
You have a rightful claim on the ancestral property. The claim on the ancestral property cannot be removed by registering a will. Your share cannot be denied by the will of the grandfather. You can get the property partitioned and get your share in your favor.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The ancestral property cannot be willed. You have the right to claim share in the ancestral property, and your right cannot be extinguished through a will. You will have to file a partition suit in the court and get the property partitioned and then you can claim your share in it.
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Tanmoy Chattopadhyay
Responded 2 years ago
Now coming to the will part. Since will is an act of the testator the same cannot be changed with consent of parties after the death of the testator. So if you want to challenge the second so called will then it will create a new ground for you to prevent the alienation of the property irrespective of your religious affiliation. You should immediately contact a lawyer with all relevant papers to take urgent steps.
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