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Property is physically divided how can we file for our legal share


07-Feb-2023 (In Property Law)

Hi, Greetings !!! Please, advise, what property me ( 35 yr. Male) my wife ( 30yrs), and my daughter (1 yr.) has the right to take from my father. my father has 1) ancestral property ( only physically divided to make his home, like our uncle's i.e. father's brothers, but is not divided on paper/court/ at registrar office) 2) Self Acquired property from his earnings please advise under both cases, what If he makes will or if he does not make any will, I hope he cannot make will on our share. Thanks

Answers (3)

Answer #1
702 votes
You have share in ancestral property, however in self acquired you dont have any share. The ancestral property can be given through Will whereas the self acquired can be given through Will and to anyone your father likes.
Answer #2
912 votes
1. ur father can give his self acquired property to any person by will.

2. in ancestral property of ur father all legal heirs have 1 share each which u can get by filing partition suit in court.he cannot make will of ancestral property.
Answer #3
621 votes
what property me ( 35 yr. Male) my wife ( 30yrs), and my daughter (1 yr.) has the right to take from my father. my father has 1) ancestral property ( only physically divided to make his home, like our uncle's i.e. father's brothers, but is not divided on paper/court/ at registrar office) 2) Self Acquired property from his earnings please advise under both cases, what If he makes will or if he does not make any will, I hope he cannot make will on our share. Thanks

Answer
File a suit for partition through which you can get share on paper and legally you can claim your father property. I hope you got the answer.

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