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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.
Answers (3)

Answer #1
509 votes
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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Answer #2
788 votes
as the property were transfered by the court your grand father had the legal title of the property alloted to him and he can transfer it to the person whom he wants to do. You should submit your paper properly before the court of law during the case proceeding.
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Answer #3
804 votes
Your query is complexed and confusing one . It is better to contact a good lawyer , apprise him about all facts , documents, discuss with him and act accordingly as per his advice. I think you will get just and proper advice
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