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Vijay (bbbb)     06 March 2012

Request for advise on inhertance of ancestral property

My maternal grandfather ( a Hindu)  had 4 daughters ( all married off before 1980) and two sons ( married off in mid 1980s) . He had  inherited residential property , commercial shops and agricultural property . Agricultural property  was more than the ceiling limit of agricultural land holding . Subsequently some was transferred to his two sons . Some of this  was also given in dowry to one of the daughters .  Some of the excess land was transferred to his minor grandsons ( declaring  one relative as a guardian) . Some of the agricultural  property which was in the name of my grandfather's mother was transferred to his grandsons .

Finally the property was distributed between  two sons of my grandfather  , my grandfather  and grandsons ( Son's son) . A small portion of agricultural property was also given to the daughters ( in year 1988) .

In the year 2002 my grandfather executed a WILL , in which he has distrubuted a peice of agricultural land ( which was converted into Non agricultral land  for residental sites ) of his share to two of his grandsons ( Sons' sons) . In the year 2003 my grandfather expired owing to illness . This was followed by a legal tussle between daughters and sons of my grandfather for inheritance of property . In the year 2008 a legal agreement was reached between all the sons and daughters in which few residential sites were given to each daughter ( not equally) for settlement. In this legal agreement , both guardians of two minor grandchildren had not signed .

After this agreement , few sons and daughters have already sold the residential sites which they got out of the Legal Agreement . Now , one of the grandchildren who is a beneficiary of the WILL executed by my grandfather,  has filed a case in court contesting the very Legal Agreement that was signed in year 2008 and has claimed full rights over the property that was given to the daughters .

With this in background  it is requested advise on the following :

1) Can the daughters now contest unequal distribution of ancestral property

2) Is the WILL executed by my grandfather legally valid in view of the fact that the property was his share of the ancestral property .

3)Is the agreement reached by daughters and sons in 2007 a  legally valid one . 

4) is it possible to payback an amount proportionate to land , to the grandson who has filed a case claiming full rights on the property ( this is in view of the fact that some of  residenatial sites are already sold off)

5) what legal options are there for the daughters now  for fair share in ancestral property

6) does amendment of 2005 for ancestral property inheritance help in any case to seek fair share in ancestral property



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