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House was built using ancestral money how can we claim our share
04-Apr-2023 (In Property Law)
Myself my mother and my two sisters are staying in a villa since 1974.This villa was built by my father's elder brother using ancestral money.Both brothers lived with their respective family in the same villa.my fathers brother has his family that is his 2 sons and 3 sisters staying in the same villa.We are occupying about 25% of the villa premises. Both my father and his bother has expired.Today we found out that my father's name is not mentioned in the property WILL only my father's brother's and his children's name is mentioned in the WILL We do not have any documents stating ownership.
In case where the property was built is using the ancestral property then the property cannot be transferred through the will. The property will be distributed according to the Hindu Succession Act. The transfer of such property through a will be invalid. You may defend before the execution of the will and when probate is issued. You need to prove that the house was built by using ancestral property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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