I require legal opinion on my grandfather Ancestral Property.
My Grandfather had only one daughter married. She had two sons me and my brother. My Mother Expired on 1992 and My Mothers Mother expired on 1990. My GrandFather Expired on 2000. After My mothers death My grandfather is been taken care by My Grandfathers Brother. In 1997 my grandfather wrote a will in which he mentioned the entire Property is been given to his brother and we are not the legalar for the property.
1. My Grand father Property is not Self earned it is coming from his Fathers Father.
My Question whether we will win Case If we file case claiming the property rights.
This is reply of one lawyer from Lawyers Club.
As per amedment introduced in Hindu Succession Act, female co-parceners. i .e daughters are equally entitled to a share by birth as that of male members. However, the said provision won't affect or invalidate any disposition or alienation including any partition or testamentary disposition which had taken place before 20th december 2004. In your case the will was made in 1997 and then ur mother having been married cased to a member of HUF. Hence, u can not claim any right in the property in her branch. U can contest the will, but chances are few given the statutory position.
Further i need to Clarify the following
Thankyou very much for your reply. I need to clarify you on some important facts and request your valuable suggestion
1. My Grandfathers great Grand Father property is been divided by him and other his brother.
2. My Grandfathers father is the only son to his father
3. During late 1970 to 80 when urban land sealing act was introduce my Grand fathers father transfer the Property Patta in Grandfather name and his brother name ( but it is not the partition) before his death.
4. My Grandfather had 6 sister and in 1980 one of his sister field case. Since in 1986 only woman right on ancestral property is been introduced. She lost the case and court is direct the property in grandfather and his brother ( Some Property in my Grandfather name and some in his brother Name)
4. So whether still HUF will have impact on our case
I need your legal advice sir,