RanaNair123 (ABC) 22 January 2018
Hi,
My Father owns a 80 cents of land. He was a class 1 officer. He bought this land through his income but major of money for this was by selling ancestral property from Mother's Side. Because we remeber signing documents when we were 14 years.
My question is that, is it possible for us to claim for equal share even if he writes a will
with unequal share.
Rana
R.Ramachandran (Advocate) 22 January 2018
The mother's side property is not at all Ancestral property either for you or for your father. (Why you were asked to sign on the documents is not understandable. Perhaps it might have been due to abundant precaution of the buyer. But has no legal basis or reaquirement.) Therefore, it cannot be said that your father purchased the property out of sale proceeds of ancestral property. You cannot claim any share in the property, when your father is alive. Your father has absolute right to do whatever that he wants to do with the property. If he WILLs it out to somebody by excluding someone, it is his prerogative and it cannot be questioned.
RanaNair123 (ABC) 22 January 2018
RanaNair123 (ABC) 22 January 2018
RanaNair123 (ABC) 22 January 2018
RanaNair123 (ABC) 22 January 2018
RanaNair123 (ABC) 22 January 2018
RanaNair123 (ABC) 22 January 2018
RanaNair123 (ABC) 22 January 2018
Thanks for the information. What i forgot to mention was was my mother got her share of her ancestral property which was eventually sold by my father and bought new set of land
R.Ramachandran (Advocate) 22 January 2018
My above reply is after factoring in the fact that your mother got her share of her ancestral property.
The property loses its ancestral character once it comes into the hands of your mother.
Kumar Doab (FIN) 22 January 2018
It is believed that all involved are Hindu.
The personal law, succession laws that apply in your case may matter.
Confirm!
Kumar Doab (FIN) 22 January 2018
Your mother got the share from her parents family and handed over to her spouse..
How ould you establish that the money was intended for share puchase of property for equal share to all children ...
Instead pursuade the father for equal share....with love and affection and service
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