Property issue in family

Dekhiye agar ye property residential hai tab aap ko ukt property me apne rights claims karne chahiye kyonki ye property aap ke father dawara kharidi huai nhi hai. Yah property aap ke bado arthat dada ki hai.
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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Dear Madam,
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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After the amendment in the Succession Law through the Hindu Succession (Amendment) Act, 2005, women have been accepted as coparceners. Now, both sons and daughters, are coparceners in the family and share equal rights and liabilities over the ancestral property.

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.

Hi,
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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Hi,
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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There are too many complications involved in your case. To smoothen out the complications one by one the first important consideration would be your religion and the second important factor would be your state or the school of hindu law ( if you are hindu) that you belong to. Presuming you are from West Bengal which is governed by the dayabhaga school of law in hindu text the father is the absolute owner of the ancestral property at his hand and has the right to dispose off such property according to his free wish and will. Hence in such a case you will have a very limited say on the terms of disposition and hence very limited relief from court. If you belong to the mitakshara school of law (north India) then you will have a right over the ancestral property by birth and those right cannot be taken away by your father and you can file a suit for partition and get the share of yours demarcated and earmarked.

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.