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Fight for justice (manager)     30 August 2013

Father's self acquired property

Please advise for following case:

A (Father) acquired plot of land and build his house. He died without a will. So, land has been shared between his widow (W) and three children (Lets say B, C, D) in eequal share i.e each has a 25% share in the land. B is A's son and has 3 children of his own - 2 daughters and one son.

1) Do B's children have an automatic/legal right in B's share of the property?

2) Can B will his share of 25% to anyone of his choice (either to his wife or any child or any third person) in whatever proportion he wishes?In such case, can B's will be contested by either his wife or children or even grandchildren?



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 3 Replies

Namita Agarwal (---)     30 August 2013

1)      Yes

2)      No – since the property devolved upon B is ancestral property.

Fight for justice (manager)     30 August 2013

Namita - property was self-acquired by B's father. How is it ancestral property?

Advocate Sastry (Advocate)     30 August 2013

For B's children it is Grand Fathers property... You are asking about 25% share acquired by B... It is not self acquired by B


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