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How to claim share in will made by father where no share given to me
16-Mar-2023 (In Property Law)
My father made a will in year 1998 of the house which was owned by him and his brother in 50-50 ratio.though he made the will of full 100%share of the house amongst his two sons giving his 3rd son no part.Then in year 2000 my fathers brother made a relquishment deed and trasfered his 50% share in my fathers name.My father died in 2006 and the 3rd son who did not get any share in the house challenged the will in regard that the property wasn't owned 100% at the time of the will and father only became the owner of 100% house in 2000 so the will is not valid.So though the father wasn't 100% owner of the property and still made the will but at the time of the death he was 100% owner of the property. Please suggest will the 3rd son will get any share or is there any law or judgment for this.
If the property in the question is of self acquired nature then the 3rd son can claim his share in the rest of the 50% owned by your Father's brother which was later transferred in the name of your father. However, if the property is ancestral in nature then, the 3rd son can claim his share in the total 100% of the property which is 1/3rd of the total property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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