RAMESH (Finance Manager) 21 March 2011

Ancestoral Property

My wife is from a family of 4 sisters and 1 brother. My father in law passed away in Sept 2009 at the age of 79. He has left a will dated July 2003, stating all his property (inherited from his father-ancestoral,own earnings both movable and immovable etc) is been given to his only son. This will has not been shown in original and only copy provided to all sisters by the son (their only brother). Also, it is not known whether the will is registered or not.

We are from Iyer caste (Brahmins) from Kerala. Would like to know whether the 4 sisters are eligible for equal share in the ancestoral property? The ancestoral property consists of land given to my father in law and his 3 brothers by their father which was partioned in 1996.

Kindly give your valuable advice whether the sisters can claim in the ancestoral property and file a suit against their brother.

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6 Replies

Gulshan Tanwar (Advocate) 21 March 2011

Yes they are eligible for the partition as well as equal share and in probate Court challenge the Will if it smells something extra:)

adv. rajeev ( rajoo ) (practicing advocate) 21 March 2011

sisters are entittle to claim their share in the ancestral properties. Father in law had no rights to make a will of entire ancestral property. So suit for general partition and seperate posession by the aggreived party is the only way to get her/his share.

G. ARAVINTHAN (Legal Consultant / Solicitor) 21 March 2011

That will is to be questioned. Evevn if it is not registered one, the signature will shows the mind of the testator.

However, if the signature is alleged by any party, then remedy is to file suit.

Signature is to be proved by examining attesting witnessess

RAMESH (Finance Manager) 21 March 2011

Can a property be termed as "ancestoral" if my wife belongs to third generation? (ie From Grandfather to son to daughter (my wife).If the answer is yes, can a will be written for inherited property ?

RAMESH (Finance Manager) 21 March 2011

Thanks for your advice. I have one more clarification - Can a property be termed as "ancestoral" if my wife belongs to third generation? (ie From Grandfather to son to daughter (my wife).If the answer is yes, can a will be written for such inherited property by my father in law ?

RAMESH (Finance Manager) 21 March 2011

Thanks for your advice. I have two more clarifications - 1)Can a property be termed as "ancestoral" if my wife belongs to third generation? (ie From Grandfather to son to daughter (my wife).If the answer is yes, can a will be written for such inherited property by my father in law ?

2) If the witnesses to the will say in court that the will is correct and signed in their presence, what is the chance of winning the case? (there is a doubt in the contents of the will as the 2 witnesses have signed only in the last page and the witnesses may not be aware of the changes made in other pages wherein the property is shown to be transferred in the name of the son).

This is because only a photo copy is made available and the son is not willing to show the original to his sisters.