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Jatin Bhasin (Developer)     29 January 2012

Daughter rights in property

 

Hello,

My father and his 4 brothers stay together in a house in New Delhi. My grandfather died around 20 years back and he had left behind a WILL for this house. According to the WILL, this house whenever to be sold has to be divided between my father and his 4 brothers. My grandfather has a daughter as well about whom he has not mentioned anything in the WILL. The property is still in my grandfather's name and has not been transferred in my father and his brothers' names yet. I have got the following queries in my mind:

1) Can my father and his 4 brothers sell this house and take fifth share each.

2) Is there any LAW which would not consider the WILL which my grandfather had done before he died. The WILL is a registered WILL.

3) Can my father's sister file a case against her brothers and is there any chance of the court giving a decision in her favour?



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 January 2012

If the house property was self acquired property of your grandfather then will holds good. If it is ancestral then in the share of your father you can claim your share.

Jatin Bhasin (Developer)     29 January 2012

The property was self acquired by my grandfather. But can my father's sister claim for her share? . Her share is not there accirding to the WILL.

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