Right of daughters to claim share over ancestral property


We are 3 sisters ( married) and 3 bothers ( 1 passed away 7 months back, leaving behind a daughter and son, wife also passed away 3 years back. My elder brother wants to mutate the property amongst all brothers and sisters and then sell his share without giving us sisters our share ( as mentioned by my mother in her will, to equally divide it once sold). The will is not registered. My concern is that my brother will sell the property fraudelently without giving us our share. Kindly advice me how to go about it and how I protect my right through the law.

Answers (3)


78 votes

Will of ancestral property is not legal, your sisters have equal rights in property, your brother can not sale this ancestral property without signing on document by your sisters also otherwise transaction can be treated invalid.


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208 votes

The will is valid, even if it is not registered. If the will is signed by the testator and two witnesses, and is in simple language which clearly expresses will/intention of the testator, then it will be perfectly valid in the eyes of Law, even if not registered.

For protecting your right, you can apply in the Court for execution of the will. And, also apply for stay on disposal of the property till the decision of the Court.

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210 votes

The accurate remedy available as per the case narrated by you is to file the partition suit on the bases of your mother's will. However, you must visit my office for better consultation as I need to see the documents first.

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