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Can will be challenged in case of ancestral land
24-Aug-2023 (In Property Law)
My father had 11 kanal and 10 marla land on the gt road which is so expensive. we are 3 brothers and 2 sisters. now my father has died. but just before death , he had transffered land to my two brothers , he didnt give single penny. but he had not transffered by registry , it is transffered by vasihat . so someone told me that i can break that vasihat by legal case in court and can get my land . so thats why ,it was ancestral land. What shall I do?
An ancestral property is one which has come from past 4 generations or more. In the present if the properties were acquired by your father on his own or through his father then it would be self acquired property and you cannot challenge the said will otherwise you can.
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Adv. Samyak Raj
Delhi | 700+ Answers
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First of all you should have to confirm that whether the disputed is ancestral or not. It it is ancestral property then your father had no right to transfer the same to any person. He had only righg to transfer the property to the extent of his share. You can file a declaration suit being coparcener of the property and challenge the will ( vasiyat) on the ground of ancestral property. If the property is ancestral then your right in property is protected. You also need to file a suit for permanent injunction for restaini g your brothers to alienate the property in any manner.
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Adv. Bir Parkash Verma
Sangrur | 25+ Answers
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it will be completed only but after the filing of the case but for that you have to explain the complete details of the will and only after the discussion will be able to provide the proper details and then will help you
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Adv. Jagdeep Pal Singh Randhawa
Ludhiana | 25+ Answers
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