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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Will of Grandfather
Dear Client,
To ensure the authentic status of a pending case, you must obtain a certified copy of days proceedings or an order sheet of the latest hearing from the concerned Court where your probate...
Property distribution
Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divide...
Brother unwilling to give copy of their late mothers Will to Sisters
Dear Client,
Both registered and unregistered wills can be challenged on similar grounds. However, certain challenges such as (i) Improper execution of the will; or (ii) genuineness on the signature o...
Unregistered will without signs of witnesses
Dear Client,
In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable u...
can a BENEFICIARY in the will be appointed as an executor
Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.
Read Blogs on Will
Will Lawyers
Find Lawyers by Location
