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neil (senior exec)     10 February 2014

Can inherited property be willed

Esteemed Experts,

I have a situation that I would like to seek your learned advice on.

The property is in Kerala. My grandmother divided a piece of land between two sons who are brothers in Kerala while she was alive in the late 70"s . (68 cents)  the land itself was inherited property by her and has been in our family for generations. My father transferred the property to his name by virtue of that division (34 cents) while my uncles transferred the remaining 34 cents

My father then sold 10 cents of that land in the 80's.The rest of the 24 cents remained in his name and he has left the land as it is and never done anything with it. 

My father has only one son ie me. My parents separated in the mid 70s a few years after i was born. My father illegally remarried (never divorcing my mother whom he was legally married to) in the late 80"s. The woman he married subsequently left him in the late 90s and married someone else. 

He has left a will leaving all his property (ie the remaining 24 cents of the inherited property) to his second illegal wife. She is claiming it all by virtue of the will. She has had the property commuted to her name by virtue of the will but we have obtained a stay on the matter. 

My father died around 2010. Apart from this ansectral land , he was peniless and destitute

Do I as his son have any rights at all to the property, can he will this property  to this illegal second wife as it was ancestral property and as such i should have some rights. 

If i do have some rights, how do i go about enforcing the same. Your thoughts on the matter would be greatly appreciated and i am looking for an experienced property lawyer in cochin to represent me as well.

 

Thanks

 

 



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