How to claim over father's property after his death if will is made


Hindu mitharacta family =my father had 4sons;2daughters father died on2008 leaving will in favour of sons only with respect partitioned grand fathers property father got it on deed by 1975 he made will on 2002 what about sons share* daughters share please answer me ?

Answers (4)


166 votes

The property will devolve according to the will only. if you want to challenge the Will then there is chance of getting the property if the will is obtain under the circumstances which was not permitted by law. first file partition suit. there may come family arrangement.


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162 votes

As per dictum laid down in uttama vs subash singh,in civil Appeal no.2360/2016 ,a conjoint reading of sec.4,8,19 of hindu succession act,after joint family property has been distributed in accordance with section 8 on principles of intestacy,joint family ceased to be joint family property in hands of various person who have succeeded to it as they hold property as tenants in common and not as tenants joint.so it can be assumed as father's self acquired property and you have to deal by will

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217 votes

Your father obtained the property by way of family partition. Your father can WILL away the said property to any one he desires out of love and affection. The most important aspect of the WILL is it need to be proved. if it is not proved then the property will become the common estate (property) between the brothers and sisters. They share the property as co-sharer equal to each other. Many factors can decide and tell the court a specific WILL is a valid one or not.
Regards,
G.P.VIJAY ADVOCATE

202 votes

Sir,
The law says that, if any property devolved by any person from his forefathers through partition, then such property becomes absolute like that of self acquired. The same can be given to anybody, likewise your father did the same and the names present in the will can alone share the said property and not by others.

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