WILL
Querist :
Anonymous
(Querist) 02 May 2010
This query is : Resolved
MY FATHER INHERITED IMMOVABLE PROPERTY FROM ANCESTORS. WE ARE THREE BROTHERS AND THREE SISTERS. IT IS ALLEGED THAT MY LATE FATHER MADE A WILL, ACCORDING TO THAT NONE OF HIS DAUGHTERS GOT ANY SHARE IN THE PROPERTY. IS THIS POSSIBLE THAT A PERSON CAN DEPRIVE HIS DAUGHTERS FROM ANCESTRAL PROPERTY ? IF NOT, WHAT COURSE IS LEFT FOR THE DAUGHTERS TO GET THEIR LEGITIMATE RIGHT. MRs LEELA VYAS INDORE TEL 0731 2414261
O. Mahalakshmi
(Expert) 02 May 2010
He has no right to execute a will of ancestral property. Get legal aid through a local lawyer.
A V Vishal
(Expert) 02 May 2010
You have not mentioned when your father passed away?
Guest
(Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ANCESTRAL PROPERTY KINDLY NOTE THAT.
1 IN ANCESTRAL PROPERTY YOU HAVE YOUR SHARE HENCE YOU MAY FILE A CIVIL SUIT FOR PARTITION OF PROPERTY ,FIRST ISSUE A LEGAL NOTICE TO ALL CONCERNED AND THEN AFTER SERVICE OF NOTICE AND AFTER NOTICE PERIOD IS OVER.YOU MAY FILE A CIVIL SUIT.
2.THERE ARE CHANCES THAT YOU MAY SUCCEED AT INITIAL STAGE OF FILING THE SUIT.
3IN CASE YOU ALL COMPROMISE THE MATTER PEACEFULLY OUT OF COURT ,IT WILL SAVE CONSIDERABLE AMOUNT OF COURT FEE STAM OF ALL HEIRS PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
THANKS.
Guest
(Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ANCESTRAL PROPERTY KINDLY NOTE THAT.
1 IN ANCESTRAL PROPERTY YOU HAVE YOUR SHARE HENCE YOU MAY FILE A CIVIL SUIT FOR PARTITION OF PROPERTY ,FIRST ISSUE A LEGAL NOTICE TO ALL CONCERNED AND THEN AFTER SERVICE OF NOTICE AND AFTER NOTICE PERIOD IS OVER.YOU MAY FILE A CIVIL SUIT.
2.THERE ARE CHANCES THAT YOU MAY SUCCEED AT INITIAL STAGE OF FILING THE SUIT.
3IN CASE YOU ALL COMPROMISE THE MATTER PEACEFULLY OUT OF COURT ,IT WILL SAVE CONSIDERABLE AMOUNT OF COURT FEE STAM OF ALL HEIRS PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
THANKS.
Deekshitulu.V.S.R
(Expert) 03 May 2010
Mrs Leela Vyas
In view of the amendment to Hindu Succession ACt, 2005 you are entitled to a share in the property. Hence the will is inoperative. You have to approach a civil court for recovvery of your share. Best of luck
Querist :
Anonymous
(Querist) 03 May 2010
my father expired in dec 2009 and alleged will said to be written in 2004. my selfish and cunning brother G now claims that he is in possession of the questioned document. -------- leela vyas
A V Vishal
(Expert) 04 May 2010
Point 1: Ancestral property cannot be willed.
Point 2: Since your father expired in Dec 2009 under the amended succession Act you may claim share 0f 1/7 share in his property assuming your mother is alive. However, the will shall be valid and operative to the extent of your father's self acquired property whether moveable or immoveable.
