daughter can get share in ancestral property after the will made to his sons only

shashidhar (Querist) 21 October 2010 This query is : Resolved
sir,
shashi hindu from karnataka.
my mothers father has 25 acres of agriculture land.he is dead and my mother also died.
my grandfather had 9 children among that my mother was younger one.my grandfather had 2 sons and 7 daughters.
my grandfather made a will before death that the property belongs to the two sons only because the 6 six out of seven daughters are married to good background families houses,but the younger daughter marriage should be done by 2 brothers giving to a good background family and died before her marriage.
but the 2 brothers made the the marriage of their sister to a man of low background, he didnt even have a house to livein and didnt even turn up to their sister after marriage,after 2 sons and 1 daughter wwere born to her she got sick
because of some skin disease, but the husband did not have that much money to cure her no body gave support the disease was serious and she died .now the children in street and her husband is drunkard.they have nothing for livelihood so the 3 children of her have the rights to claim the property of their mothers fathers property.
the will was made in 1969 by her father before her marriage and died,the brothers made marriage to her in 1972 and she died
in 1999 .
so the sons and daughterof her can have rights about the property
the 2 brothers of her saying that no rights to any daughters in property because the will is registred in the name of 2 sons only.
so the children of younger daughter have the right to claim property of their mothers fafhers property after the will he had made
so pls give suggestion how to claim the property is own of her father or ancestral dont know. tell that the children can claim whether it is ancestral or of her own father

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Devajyoti Barman (Expert) 21 October 2010
If the property if the grandfather was a self acquired property and the Will is validly executed in his sons' favour then his grandson can not do anything with regards to that property. It would be very difficult to prove that his sons willfully got their sister married to a not so well to do family. Moreover. I do not think that in the Will there is a provision for maintenance of that particular daughter or her children had the said sons fail to comply with the directions of the said Will.

shashidhar (Querist) 21 October 2010
sir,
thank u for u r fast & fine suggesstion, i did not understand one point that if thee property is of my own grand father we cannot claim.
but if the property is of my grandfather fathers property it will become ancestral so at that time we can claim so pls advise me
thanking u
regards
shashi

Raj Kumar Makkad (Expert) 21 October 2010
A self acquired property can be disposed off by its owner as per his whims and wishes in favour of any person but law for the ancestral property is different. In such case ancestral property shall go to next generation as er law of inheritance prevalent at the relevant time. In the given matter, daughters had right to maintenance at the relevant time when original owner (your grandfather) died if the property was ancestral and thus will can be got set aside but law of limitation shall definitely come in the way.