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Is property is divided only according to Will or Can we go against it
21-Nov-2023 (In Wills / Trusts Law)
My nanaji has died earlier this year. He has 2 sons and 2 daughters. 2 sons has died. But their wives aren't giving any share to my mother. They had divided property in between them. There was a WILL written by my nanaji but we don't know what is written. Can my mother get equal share in inherited property? Can she go against the WILL as well? If WILL is everything then why should law created this act as we are financially not stable.
Your mother will definitely have a share in the property. You should file a suit for partition of the estate before the appropriate court.
You will need to set out the above facts in detail. Do mention the existence of a will and that it is not in your possession.
As the property is ancestral, even your nanaji could not have given away the entire estate through a will and all legal heirs will have a rightful share in the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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