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Grandfather made will to give property not giving it to granddaughter
14-Mar-2023 (In Wills / Trusts Law)
We are 2 daughters to our parents aged 29yr and 26yr. We live in Delhi. I am a software engineer and am married. Our hometown is in Haryana where our paternal property is situated. My father are 3 brothers and 3 sisters. All are married. Our paternal property division took place almost 15 years back. My father was given share in residential and agricultural land. But since my father was in air force, he allowed my uncle to stay in our residential allotted house with grandparents. It is house in a village of Sonipat. But now I have come to know that my grandfather has written a will to give that house to my 2 cousin brothers since my father does not have son and I married a boy from a different caste. That land is not registered land. Just want to know if something could be done in this case. Is it right that because we are girls, we are deprived of our paternal property.
NO.... You and your sister cannot be deprived of your legal rights. But under the given facts and situation it is very important for me as an Advocate to first go through the entire chain of property documents and your family structure.
You have a strong prima facie case in your favour but we need to get in depth of the documents.
Good luck.
You have a strong prima facie case in your favour but we need to get in depth of the documents.
Good luck.
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Adv. Vivek Jain
Delhi | 25+ Answers
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it is important to see as to how division took place and secondly the contents of will etc. if written. It is not known if the grandfather is still alive. There is a need to go in depth to see the documents etc. only then there could be certain legal actions advisable which may be helpful.
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Hi. In the narrow conspectus of facts shared by you, it appears that you will have to initiate appropriate proceedings in court of law for claiming a share. Daughters have a right in the property owned by their father.
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Adv. Shreyans Singhvi
Delhi | 100+ Answers
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yes, by way of 2005 amendment to Hindu Succession Act, daughters have same interest in the ancestral property as do the sons have.
Therefore, if your interest in the ancestral property has been identified and crystallized by division of the property where your father was given the residential house, then the same can't be undone by your grandfather by writing a will in your cousins' favour qua the residential house just because you are daughters and one of you has done inter caste marriage. your co-parcenary interest in the ancestral property has been created at the time of your birth as the law recognizes and the same had been defined by common consensus when the residential house was given to your father.
you can file a civil suit in Court to have the will in favour of your cousins's to be invalid, and can ask the Court to have the property transferred to your names.
Therefore, if your interest in the ancestral property has been identified and crystallized by division of the property where your father was given the residential house, then the same can't be undone by your grandfather by writing a will in your cousins' favour qua the residential house just because you are daughters and one of you has done inter caste marriage. your co-parcenary interest in the ancestral property has been created at the time of your birth as the law recognizes and the same had been defined by common consensus when the residential house was given to your father.
you can file a civil suit in Court to have the will in favour of your cousins's to be invalid, and can ask the Court to have the property transferred to your names.
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Adv. Divyanshu Srivastava
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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