Siddhartha Bose (Architect) 07 September 2011

Daughter's chances in father's property

Hello A V Vishal Sir,

I really appreciate the way you replied the query of a user.

I have a query on-behalf of my mother,my grandfather has a property on which in his last few days made a will saying my 2 daughters including my mother are well settled thus i hand over the property to my 3 sons floor wise.

My grandfather passed away 5 years ago,the will is not probated by my uncles.which i think in this case the will doesn't holds much strength as my mother and my aunt has not signed any NOC till date.

So I want to ask what are my mother's chances in that property,as my uncles are now asking for NOC.

Please do respond sir.

Thanks & Regards

Sid

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7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 07 September 2011

If the property was ancestral in the hands o fyour grand-father only then such will is not tenable and it can be got set aside and thereafter share of your mother my be ensured but if the property ws self acquired then your mother has got not right therein and NOC do not falsify the will in any way. NOC is the only requirement of municipality and even in may places, there is no need for getting the will probated.

SURESH KUMAR PATRA (ADVOCATE MEDIATOR & TAX CONSULTANT) 07 September 2011

I agree with the advice of Mr. Makkad so far your question is concerned. You have not mentioned in your query the type of property at the hand of your Grandpa either ancestral or self acquired.

Siddhartha Bose (Architect) 08 September 2011

Thanx Suresh and Raj Sir,

Ok the property was alotted to my grandfather by DDA.And according to you my mother's chances are nill in that property.

As my uncles are thing of giving it to a builder for constructing 3 floors for themselves and 4th floor which the builder will sale with his profit.

So what is the best we could do from legal aspects?

Do we have any chances in atleast 10% from the property value in legal terms???

Thanks in advance

SAMIR ROY (MANAGING DIRECTOR) 08 September 2011

I agree with the above openions. You do not have a chance. No not waste money by going Legal

Samir Roy

Siddhartha Bose (Architect) 12 September 2011

Hi,

Thanks for all your suggestions.I would like to introduce 1 important point which is mentioned in my grandpa's will
that "As my 2 daughters (including my mother) is well settled i am diving this property among my sons"

Can this clause be challenged as my family is not well settled in monetary terms as my father is retired.

Please suggest...

thanks in advance

cyril porter (Government service) 13 September 2011

Dear Sir/Madam

My brother expired in 2001. My sister-in-law(my brtoher's wife) is residing with me along with her two adult children. It is learnt that the ancestral property is being sold by her brothers and sisters who are living in that property. Do my sistere-in-law have a share in that property? My sister-in-law and her other brothers and sisters are 8 in number. Will the property be distributed among all of them? Please clarify. We are christians.