Please advise
A person owner of some commercial property and having 1/4 th share in ancestral property in India, died in 1976 leaving behind his wife and 6 months old daughter. On the basis of alleged will, brother of the deceased got business property mutuated. Probate case filed by deceased brother in the year 1988. Objections were filed by wife of the deceased but Ld ADJ granted probate by order in the year 2004. Appeal (FAO) before Single Judge filed by deceased wife and daughter dismissed in 2011.
As per the alleged will, out of deceased share in ancestral property wife will have right only if she settles in India, otherwise share will go to brother.
Although a person cannot transfer or give away his share in ancestral property by way of will. . Can a partition suit or any other legal proceedings be filed at this point of time for deceased share in ancestral property for which his legal heirs ( wife and daughter have right)? Is there any limitation period for a partition suit in case of a will.?
