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Aruna Budhiraja (owner)     03 January 2013

Property acquired under rehabilitation claim

Respected Experts

this property is in Lajpat Nagar,Delhi.It is currently in my late father's name.This property was originally alloted by Land & Development Authority under claim for rehabilitation to displaced people from Pakistan in the of my grand mother,my uncle(chachaji) & my father jointly .This was alloted in the name of 3 persons because they claimed it under the name of my grand father who left his ancestral home in Pakistan before relocating to India at the time of partition.

Now my grand mother my uncle & my father ,no one is alive.6 months back we came to know about a 'Registered Will' written by my father where as he wrote ,that after him this property will be in my mother's name and after her it should be given to his 2 sons ( my 2 brothers ) only.No other lagal heirs has any right on this property.My father has not mentioned anything about his 4 daughters ( I am one of the daughters ) in his 'WILL'. At the time of writing this 'WILL' this property was in my father's single name only and also it was made Freehold from Leasehold.

1. My Query is when this property was given in lieu of ancestral property under the name of my grand father to his 3 descendents then shoud it be treated as ancestral property.

2.Even if it was transferred in my father's sole name after taking any NOC or Affedavit from my uncle and grand mother the status of this property still remain as ancestral property or it can be changed and be treated as Self Acquired Property.

3.When a property  originally is an ancestral property,if it is turned from leasehold to freehold than the owner gets the right to write a WILL on it.In such case can the other legal heirs put any type of objection on the validity of this WILL. 

4. AS my fathers has not mentioned anything about the daughter,not even a single has been mentioned about the existance of daughters in the WILL. Is such type of Will is valid & why? How we can show our existance and claim our right in this property.

A few more things I mentioning here is that :my father and my mother both have expired.

My father wrote this WILL in the Year 1995,but we came to know about it last year 2012 only.



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