Can father in law not give share to husband in ancestral property?
My husband’s father got a property from his father via a Will. However, this property has been given to my husband’s sister by their father and he says that neither my husband nor any of the children will get a share in the property.
How can we challenge this decision to get a share in the ancestral property?
It is essential to first determine as to whether this property is ancestral property or not. If the said property which was inherited by your husband’s father from his father by Will was a self acquired property of your husband’s father’s father then you do not have any claim in it.
As the said property was self acquired in his hand and once he willed it to your husband’s father it became self acquired property in your husband’s father’s hand and he can dispose off this property as per his wish and you cannot challenge the same.
However, if the said property is ancestral which you shall have to determine as per the Hindu Succession Act, then you shall have to challenge the will executed by your husband’s father’s father as invalid on the ground of the property being ancestral.
Ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand-father, which then passes undivided down the next three generations up to the present generation of great grand-son/daughter.
In short, firstly, this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property.
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