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Do I have rights on self-acquired property of father after his will
11-Sep-2023 (In Property Law)
My father is survived by my step-brother, step-sister(both of them born to the first wife who is no more), my mother and me. My father passed away five years back leaving a will in the name of my step-brother. No share for the step-sister, my mother (Second wife) and me. It is a self-acquired property. Do we have rights to claim a share from that property? The will was written even before he married my mother. Two years back we registered the property on my step-brother's name as a gift deed since we were under financial crisis. He gave us a very uneven share though the value of property is nearly about 1 crore. Please let us know if there is a way we could get some compensating amt.
The will is legally sustainable and you cannot claim any right on the bequeathed property. Why there was a gift deed in favor of your brother, already the property was bequeathed by your father in his name and that will was not canceled. Anyway already will is in his favor and once again you gifted thr property. So you cannot legally claim any compensation.
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Adv. Santhosh
Ooty | 50+ Answers
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If it is a self acquired property then the owner can dispose it as per his desire and plan. Since your father gave the property to his eldest son by a will you can not challenge it and it is his discretion .
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Adv. G. Asok
Chennai | 100+ Answers
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Send a partition notice and file a partition suit against the legal heirs who are. after will so many legal heirs came in your fathers life. if they bring the will in picture you can challenge the will.
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Adv. Satish Kumar
Chennai | 1000+ Answers
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