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James Mathew (Manager)     05 August 2010

Ancestoral Property

The jurisdiction of the problem i am mentioning is Kerala and we are christians. My grand father's property had been divided between my father and his brother.

My father has 3 sons and he has written the will that about 70 % of his property will be given to one son and the other 30 % will be divided between me and my brother. Is there anything legal that i or my brother can do to stop this or make a change?



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 4 Replies

Ayush (Advocate)     06 August 2010

as per law, the ancestral property cannot be transferred by way of will. All the legal heirs have the equal share in the property. Your father's share that came from your grandfather can only be divided equally among all the children of your father.

James Mathew (Manager)     07 August 2010

Thanks for the response. What about the land my father bought by selling part of his share of my grandfather's property? Can that be considered ancestoral ?

Milind Phope (Self-employed)     07 August 2010

my mother had a property bought by paying her own hard earned money. When my mother was bedridden suffering from serious injury and high degree diabetis and was not able to move either of her hands,my father made her Power of attorney on his name (without my mother 's knowladge, and) with my mother's forged signature,got it notarised and registerd half of the said property on his name. I could find out this only when my mother expired without a will.How come i challange this activity and ask for equal distribution of my mother's said property  among all of her legal heirs ?
 

cyberlawyer (barrister)     25 September 2010

@ James.M - A property is considered to be self acquired of one , only  if it is acquired by one's hard earned money. Unless you can prove that the property is not acquired by your father's own money, the land  will be considered as a self acquired property only of your father only...


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