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Fathers ancestral property division mother wants me to have the share
25-Jul-2023 (In Property Law)
I married on 05/06/1995, my father died on 11/02/2005. My brother died on 06/04 2012, he has one boy aged 18 and my brother wife aged 40. My mother age is 63, I only feed my mother , I look after her medical food needs, my father got house from my grandfather, during partition with his brother so it considered ancestral property . we all live in that house, my father written registered will , in which he stated after my wife death the house goes to son ' s son. Is that correct? If illegal how can I deal this issue? As of my mother got torture from his grandson and son's widow wife my mother wants to give her's portion to me ( I m daughter) if so is that legal , how she may give her part to me in Hindu undivided family act? Since 1989 act, if I m claimed my property in such case , how it divided?. My mother wanted to give her portion of property to me' how can it divideded separated? Now she wanted to write dhanagraiya settlement is that valid? With
Any person may bequeath his property in any manner he wishes, so your father was justified in his will.
However, if you have any doubt as to whether your father had been forced to execute the will, or was under any influence, you may challenge the will in the court.
Also, the will, if executed in the limits of Chennai, has to have been probated by the High Court, and if not, you have an additional case.
However, if you have any doubt as to whether your father had been forced to execute the will, or was under any influence, you may challenge the will in the court.
Also, the will, if executed in the limits of Chennai, has to have been probated by the High Court, and if not, you have an additional case.
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Your words are not clear. I given my answer based on two scenarios. SCENARIO 1: I presume that you are saying that a partition took place between your Grandfather and his brother. Then your understanding of it being an ancestral property in your hand is right. If so, Subsequent will written by your father will not be valid. Because he is not the absolute owner of the property. In the above scenario you will get equal undivided share in the property left by your father. SCENARIO 2 : I Presume that you mean to say that a partition took place and your grandfather partitioned the property in favour of his 2 sons, your father and your uncle. In his case your father will become absolute owner and he can write a WILL to any one he desires. In this scenario 2 the only way of you getting your right is challenging the validity of WILL. Madam, Here i have answered to your question based on the dates and events given by you. Such as the date of your marriage, date of your father's demise and the existing will etc., Then Act which you are referring is Hindu Succession Act and it deals with the property succession on a Hindu.
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Adv. GP Vijay
Chennai | 200+ Answers
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Hello,
The will written by your father is invalid as the property is self acquired property and not ancestral property. Therefore he cannot write the full property to his Sons son. You can file a suit for declaration that the will is null and void.
And yes, your mother can settle her portion of the property in your favour by a settlement deed.
The will written by your father is invalid as the property is self acquired property and not ancestral property. Therefore he cannot write the full property to his Sons son. You can file a suit for declaration that the will is null and void.
And yes, your mother can settle her portion of the property in your favour by a settlement deed.
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