candaughtergetsharein property

Querist : Anonymous (Querist) 22 October 2010 This query is : Resolved
sir,
my mothers father made a will that the property belongs to his 2 sons and not for daughters.the property is not self aquired
by my grand farhers it is his fathers property.it will become ancestral
so the duughters son can claim against property

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Devajyoti Barman (Expert) 22 October 2010
The property of your grandfather being a ancestral property he can not deprive his daughters by way of Will. The daughters to lay their claim in the property cab file suit for partition and injunction so that the properties can not be transferred by the brothers during the pendency of the suit.

Querist : Anonymous (Querist) 22 October 2010
sir,
thanku
but the brothers already made the partition to their names according to will
and khata to their names so the daughters son can claim ,because daughter is dead and to file suit the mutation and rtc paper is enough to file suit

Kirti Kar Tripathi (Expert) 22 October 2010
If the property is ancestral, no legal heir can be deprive from his/her right in the property. Thus the daughters can file suit for partition and also can ask injunction against transfer.