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devendra (article)     04 August 2014

Ancestral property -settlement deed

I have an ancestral property in delhi . i have two sons both married elder living with me in my self earned house. i have disinherit my younger son (through newspaper declaration) and now my younger son wants his 1/3 share of ancestral property. he is demanding cash amount out of the value of property. can somebody guide me on these questions 

1) What documents are required now to be made so that later he cannot claim any share or money on ancestral property ?

2) Is valuer certificate necessary for this property 

3) please if anybody can assist me in preparing whole documents and legal formalties can give me their office address and phone no. preferably in delhi 

 3 Replies

Hemant Agarwal ( Mumbai : 9820174108)     04 August 2014

1.  A mere newspaper declaration, is legally insufficient to "disinherit son".  Proper legal procedure is to be followed and appropriate justification /reasons are required to alienate the Son, from the family.

2.  Irrespective of "disinherit /alienation" of the son, the said son's right remain intact, as far as "ancestral property" is concerned.  However the self-acquired property of the father can be excluded from the claims made by said son.

Keep Smiling .... Hemant Agarwal

devendra (article)     05 August 2014

Sir thanks for the reply,,,can i make a registered will of my self earned house in favour of my grandchildren of elder son to null any claim of my younger son in my self earned property ?

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 August 2014

If it is an ancestral property, you cannot write will for whole property to your elder son's name. you can writee your share alone

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