Clarification regarding drafting will or gifting ancestral property
10-Jun-2023 (In Property Law)
Unmovable property purchased by my Great-grand-father, after partition among 3 Grand-fathers through Court, my Grand-father got a part of land and a part of house. He has two sons and a married daughter. After expire of my mother (left 2 sons) and aunt (left one son and 3 daughter) my father and uncle remarried. By second wife my father has a son and a daughter and uncle has a daughter only. My father and uncle built their own home and living apart from us. After re-marriage of my father they forget me and after 15 years they forget my elder brother too. we are living with my Grand-father. I am employed but my brother is not. My Father and uncle has filed a TPS against My Grandfather, myself and my brother for 1/3 partition of property among for Grand-father, Father and Uncle . My Grand-father was suffering from Lung Cancer, he gifted 1/3rd to me and my brother again he made a registered will for some more properties and passed away. pls tell me the legal aspects with reference.
It is true that your father and uncle are entitled for one third share each, along with your grandfather . It means your grandfather has transferred his own share in favour of you two brothers. Now your father what ever gets as share, you all brothers, including your step siblings will be entitled for a share in your father's share.
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