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Claim on Ancestral property. Query on significance of will
02-Jun-2023 (In Property Law)
My maternal grandfather had a self acquired property which was claimed by my brother after presenting my grandfather's will followed by my mother's will. My question is that since it was my grandfather's self acquired property, can it be called ancestral property for me? Is the presentation of will in by my brother justified? Can I claim on this ancestral property or do I have to challenge the will? Also, my brother has sold this property to someone so how can I claim it?
Dear querist, just in case Considering That a will has been made in the favour of your brother. The further point of consideration is that whether, a probate case has been filed by your brother for the letter of administration as the executor of the property. If yes, the will can be challenged in that case only, on you being the defendant in the matter. However,if not, then a separate case has to be filed by you, where the will once declared to be fake, you will be getting the share in the property as a ancestoral property through intestate succession.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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hello client as you have said tht the propertybis your maternal grand father self accuired property . but as ur saying your brother has claimed tht property with the will of your grand father as well as your mothers will it is glith in this over all tranjaction and transpher of property there is some link is missing because if your grand father have done the will to your brother then your mother is not entittled to do any wiĺl but here both person have done the will so its looks something wrong in this over aĺl property transpher. so due to this glitch i can say you have got full rights in this property . if your brother have sold the property then also you can xlain tour part share from him as well as tht property sale deed can be decleared null and void .
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Hello I have perused your query. In these circumstances if your grandfather would have died intestate then you could have claimed a portion in the same by virtue of filing a partition suit.
However he made a will and distribution therefore will take place according to it. (Hindu Succession Law)
You have an option to claim your share by totally denying the existence of any such will.
For further information feel free to reach out to us.
However he made a will and distribution therefore will take place according to it. (Hindu Succession Law)
You have an option to claim your share by totally denying the existence of any such will.
For further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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