Father property (self-acquired)sharing Father property (self-acquired)sharing

2 years ago

We were 3 sons.
My brother got married in 2000. He has a son., Krishna.
Krisna's mother died after 20days of his birth. Elder brother (Raj) did 2 marriage .Raj has 2 children with his 2 wife. He died in 2013.
My father wants to transfer his property to his 3 sons. on behalf of elder brother, he wants to give to his 1 grandson son Krishna.
He does not like to give to elder son's wife.( 2 wife) because Raj earned a lot.
But she is fighting (elder son's 2 wife) for property
Will she get , if she approach to court.
Please advise, sir.

Anik

Responded 2 years ago

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A.Dear Client,
If the property is self acquired property of your father then he can transfer it as per his will but if it is a ancestral property then all legal heirs has equal right over it and he cannot deprive anyone of that property.
Thank You.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know whether the property is ancestral or your father's self acquired. If it is self acquired property of your father,then he can transfer it in registered manner to any person of his choice but if it is ancestral, then your father is not entitled to deprive any of his legal heirs/ heiress without that adult legal heirs/ heiress's due consent. So kindly clarify whether your father's property is ancestral or self acquired because to give opinion, relevant fact is required to be known.
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