Property based on the will
2 years ago
Hello,
I am meenakshi
My mother had few acres of land, after her death the land was transferred to my father's name... My father has prepared will and in the will he has mentioned the property in the name of my brother and the will is registered... Last year my father also expired and my brother is claiming the property based on the will.
My question are:
1) Is my father's will valid for my mother's property.
2) Is my father's will valid for his ancestrol property
3) Can I fight this case legally and get the property share
Please provide your expert opinion
A.Dear Client,
1. If your mother died intestate, then the property shall be transferred to her legal heirs ,i.e., her husband and children.
2. Your father’s will is not valid for ancestral property.
3. Yes, you can contest your father’s will.
1. If your mother died intestate, then the property shall be transferred to her legal heirs ,i.e., her husband and children.
2. Your father’s will is not valid for ancestral property.
3. Yes, you can contest your father’s will.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After your mother's death without making and publishing any Will, her property had been devolved upon her children and husband so your father cannot transfer the entire property to his name.
To give opinion regarding that Will, it is necessary to scrutinize that Will.
To give opinion regarding that Will, it is necessary to scrutinize that Will.
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A.Dear Client
Your answers are like this;
1. No, generally, it is as this has become a joint property after your mother's death (unless the property was transferred to father by your mother)
2. No
3. May be yes but it depends on the documents related to the properties.
Your answers are like this;
1. No, generally, it is as this has become a joint property after your mother's death (unless the property was transferred to father by your mother)
2. No
3. May be yes but it depends on the documents related to the properties.
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