Regarding ancestral property
Pappu Yadav
(Querist) 20 March 2011
This query is : Resolved
my father are three brothers ex. A,B,C.i m only son of B and my uncle C has only one son. But my big uncle A has no son and no daughters.my uncle A has made the will of his ancestral property and self aquired property in favour of my cousin brother ( C's son).i want to know that can i get the equal share in ancestral property of my big uncle A. can i challenge the will becoz its a ancestral property? if i challenge the will so pls suggest me on which ground?pls reply..........
Kirti Kar Tripathi
(Expert) 20 March 2011
No you can not claim. A is absolute owner of his property and has a right to dispose of his property as he wish.
adv. rajeev ( rajoo )
(Expert) 20 March 2011
A can make a will his share only in the ancestral property and his self acquired property you cannot claim his share.
Kirti Kar Tripathi
(Expert) 20 March 2011
In the present query, A has his share in the ancestral property, to which he has absolute right to dispose of.
R.Ramachandran
(Expert) 20 March 2011
Yes, be satisfied with what your father has given you. You have no right whatsoever in claiming any share either in the share of the ancestral property falling to your Uncle 'A' or his personal/self-acquired property.
MD AHSAN ALI
(Expert) 21 March 2011
No you cannot get any share in ancestral property, in this case.
2) At the time of taking probate, you reserve the right to raise objection only, which may not be entertained.
Pappu Yadav
(Querist) 21 March 2011
Thanks for all for reply. But i want to add one thing in this that i(B's son) and my cousin brother( C's son)had purchased one land in the name of our uncle A who was head of the family at that time and he was not earning. when he made the will in favour of only my cousin brother( C' s son),his age was around 80 yrs.he has made the will under the influence of my cousin becoz he is not having any son or daughter to take care..he is illiterate.i am sure that he(A) is not knowing all the contents of will.so on the basis of undue influence and the contents of will can i challenge the validity of will.and also can i fight for my own purchased land which is in the name of my uncle A.
R.Ramachandran
(Expert) 21 March 2011
Once a land has been purchased in a particular person's name, then that particular person would be come the absolute owner of the same - no matter who funded it. Therefore, you will not be able to claim any share in the said property on the basis of the fund given by you.
As regards, the Will, yes you can challenge the same - on the grounds mentioned by you. But, whether ultimately you would succeed or not is the question.
Kirti Kar Tripathi
(Expert) 22 March 2011
I think, Mr. Ramchandran has cleared your all doubts.
Pappu Yadav
(Querist) 30 April 2012
Dear lawyers, Thanks for your valuable replies. again i m here with another query. if my father has funded to buy a land and the land is registered in the name of fathers uncle name who has no sons (daughter also). in the joint fly what happens somebody who becomes the head of the family. my fathers uncle was head of the fly . now problem is like that my fathers uncle is not giving share to my father.i think this a case of BENAMI property. in this case how can i get my share and what are the grounds to get my share fro which my father has funded to buy.pls reply
