Daughter's right in grandfather's property


Hello sir,

My name is vidhi.

Sir, I have one brother and 2 sisters.

My father and mother both are alive.

My mother received a property on her name by a will form my grandfather.

My mom dad is willing to give the whole property to my brother. And for that purpose they will be going to make a will and transfer the property to my brother or may be they already made a will on my brother’s name.

1) As a married daughter, have i any right on my mother’s property?(which is actually transfered by grandfather to my mother by a will.

2) if a will has been made by my parents and transferred the property to my brother, in this case have i any right on that property? And can I challange that will? If yes, then please assist me how can i proceed?

3) and if the will has been made and some portion of property was sold, without acknowledging us, in that can i have any right on that? Or can i claim it?

Sir, It will be a great help for me if experts will help me out on this query.

Awaiting for you response sir.

Thank you very much in advance..:))  

 

 
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call me for your query at cell no 8686159292

 
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Advocate

No. As per law if your parents execute WILL then property shall be governed in terms of WILL. The question of daughter's right does not arise. If there is any suspicion then the WILL can be challenged in court of law.
 
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But actually  the property is ancestral property, my mom received from their father so it’s not self acquired. Still i cant claim it? 

If will is not made yet, then can I challange that ancestral property? 

And how can i find whether will has made or not?

 
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Advocate

It's your mother's property that she got by a Will from her father. Hindu Ancestral property is the one that your father got from his father or great grandfather. You mother can dispose the property as she so desire during her lifetime and make a Will to transfer it to the beneficiary after her death. You can challenge the Will only after her death at the time of probation of Will in the Civil Court not now during her lifetime.

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Thank you very much sir for assistance, 

so after my mother’s death can I challange the will in court of law?

 
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Advocate

The property is not ancestral. Your mother, during her lifetime, can dispose of or bequeath the same at her discretion.

The best policy, in the instant case, is not to precipitate any issue. Le the mother have her priorities. After all it is a WILL and a Will takes effect after the lifeime of the testator. An a subsequent Will displaces an earlier Will, even if registered.

Nothing could be certain as to life. And there is long life ahead of you (and, let us hope, for your mother , too). It could be that she may have different priorities in the days to come and could be more favourably disposed towards the daughter as well.


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Thank you very much sir.

 
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FIN

It is believed that you are all Hindu.

Confirm!

 
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FIN

Property from mother’s side is not ancestral.

If property is bequeathed by a valid WILL then 1st the WILL is to be duly acted upon without any cloud on it. Till then title of the property remains in the name of testator.

The property that devolves by WILL is of nature self acquired in the hands of beneficiary.

Son/daughter have NO forced share in the property of Father/Mother, Grand Father/Grand Mother.

 

If title of the property of your maternal grandfather is transferred in the name of your mother then it is not ancestral in the hands of your mother.

She can dispose it further by a valid WILL in favor of anyone e.g; her Son.

 

You can only request your mother and father to give a share to you.

 

 
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