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Kumar_JrLawyer (Jr.Lawyer)     28 September 2016

Younger son right in ancestors property

My client father wrote a will on ancestoral self acquired property in favour of elder son leaving partial share of ancestoral to younger son. Whereas self acquired property is given out completely to elder son only. Younger son is ready to share self acquired property to sisters and share ancestoral property equally between elder and younger son's. Please advise.


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 2 Replies

adv.bharat @ PUNE (Lawyer)     28 September 2016

Kumar u know the fact that ancestral proeprty is equally divided among all the legal heirs while self acquired property can be  given to any body depende up on the relegion of the community.

Where is the legal issue in this query.

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Kumar_JrLawyer (Jr.Lawyer)     29 September 2016

Hi Bharat, thank you for replying. The query here is last sister's of my client got married in 1979. Now, she want to claim share in ancestral property along with 2 brothers even after procurement of self earned property by her father. Equal rights to daughter's came into implementation only in 2005. By then, my client father expired in 2000. As per my knowledge, her claim is null and void. Ancestral property cannot be claimed by daughter as she was married in 1979 and by the time equal rights for daughter's was implemented her father expired. Moreover, my client father cannot write will on ancestral property, it has to be divided equally between his 2 sons. Will can be executed for self earned property only. Please advise further.

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