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Ancestral property dispute between heirs


18-Sep-2023 (In Property Law)
My great grandfather had 2 separate properties on each side of the road. One of those property was inherited by my grandfather and other one was inherited by his (grandfather's) sibling. My grandfather has 2 sons i.e. my father and my uncle. But my father passed away in 2001 and my grandfather passed away 5 years back. So, in this scenario, is this property considered an ancestral property? Our family and my uncle's family used to stay under one roof but on different floors with separate kitchen. But I am an NRI now and no longer staying in the premises. This property was never partitioned or divided between any generations. My grandfather made a will (before dying) to give 100% of this property to my Uncle. So, in absence of my father, can I claim half of this property even though my grandfather made a Will? Is this WILL illegal as he has no rights to make a will as this is an ancestral property? Please clarify what options do I have and how can I claim my portion.
Answers (2)

Answer #1
806 votes
Well, your Grandfather has no rights as such to make a Will of Ancestral Property. Such last Will and Testament of your Grandfather have no legal weightage and as such, such Will will not be implemented and carry no legal effect.
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Answer #2
818 votes
Hi, At the premise we assume these Properties have not been gifted or transferred till date by your grandfather during his lifetime. While the Will has been made by your Grandfather and assuming the same is taken by fraud or under pressure by your Uncle or by undue influence, the said Will can be objected. Has the Probate application being filed? Have you been served with Citation? Is there a consent being sought from you or your family? Immediately, file a Caveat and let's take a stay on the Probate as once done, you will not be able to deal with it for good. It is certainly an ancestral property for you and your Uncle. While we need to understand the way in which it has been transferred prior to any additional opinion.
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