Nagendran 08 October 2017

Women rights on ancestral property

I am a 60 year old women. My father wrote a Will mentioning his property belong both to me and my brother equally. In this registered Will, he mentioned only about his own property. In later time, my brother forced my father to register a Will containing both his own and ancestral property that should solely belong only to him. This was completely unaware to me. My father passed away on 2005, April. Now I need a clarification on the above Will. I believe I have equal rights on the ancestral property. Is this right? If so, please let me know all the possible ways to claim the property. Kindly help me with your suggestions. But i worried about this link https://indiatoday.intoday.in/story/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-says-sc/1/514940.html

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Siddharth Srivastava (Advocate) 08 October 2017

Prior to 9.9.2005 when the amendment was made in Hindu Succession Act, daughters were not having right of inheritance in ancestral property. Sine your father has already executed WILL so property shall devolve in accordance with WILL. You have the right to challenge the WILL and can claim partition of equal proportion. Consult a lawyer with details. Sidharth 9811776422

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manoj 08 October 2017

As per your query, your father executed a WILL on his self acquired property and on Ancestral property. So your father is not having right to execute a WILL on Ancestral Property. He has right only to execute WILL on self acquired property. So the WILL is invalid to the extent which he had executed a WILL on Ancestral property. The WILL executed by your father and even if it is registered before the registring authority it is not valid, the reason is on Ancestral Property all the Legal heirs are having interest in the property. So my opinion is to the extent of the Ancestral Property your father is not having right to execute the WILL.