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Father giving all ancestral property to daughter, can son claim share?
29-Jan-2023 (In Property Law)
Dear Sir, Our ansestral property of which the will has been done and so has the probate. But the probate has not been executed since the last 20 years. The ansestral house is still on my grandfathers name. And now my father has thrown me, my wife and my elder brother's widowed wife out of the house along with our 5 children. He wants to give his whole share to his daughter only. Since the will is not executed since nearly 20 yrs now do we stand any chance if we do a case? With regards
Yes you and all other decendents have the equal in the ancestral property of your grandfather... yes you have very bright chances if you claim your property through court. Will is not mandatory in the case of ancestral property.
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Adv. Ashish Vilas Jahagirdar
Nagpur | 25+ Answers
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Considering the facts provided ancestral property cannot be willed away. So in lieu
1.what right/share your father has in the will?
2.who is the executor of the will?
3. In regards to your widowed sister in law,is this the residence she married and came into?
4.what right/share do you have in the will?
1.what right/share your father has in the will?
2.who is the executor of the will?
3. In regards to your widowed sister in law,is this the residence she married and came into?
4.what right/share do you have in the will?
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It is settled law that a daughter or son is entitled for a share in the ancestral properties but before arriving at any conclusion with regard to their claim we need to go through the recitals of the actual deed through which your father bought the property.
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Adv. Bharat Pandirao Pawar
Pune | 500+ 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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