Legal Question in Wills and Trusts in India

Ancestral property

My grandfather gives his all property to my father. And my father gives inherited properety to my brother and give a notice in the news paper that i dont have any right on his property and also make a will in my brothers favour.Now father is dead.How can i get my share.Can i be able to get something.


Asked on 1/22/09, 7:48 am

5 Answers from Attorneys

Bobby Aanand Metropolitan Jury

Re: Ancestral property

I suggest you to be clear about how your grand father transfered that property to your father either by sale or gifted the same. if your father inhereted that property by will then he has no right to further inherit that property by will in that case you are also entitled to equal share but if your father acquired it as a gift then he may dispose it in any way he like. Feel free to contact.

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Answered on 1/23/09, 5:37 am
Bobby Aanand Metropolitan Jury

Re: Ancestral property

I suggest you to be clear about how your grand father transfered that property to your father either by sale or gifted the same. if your father inhereted that property by will then he has no right to further inherit that property by will in that case you are also entitled to equal share but if your father acquired it as a gift then he may dispose it in any way he like. Feel free to contact.

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Answered on 1/23/09, 5:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Ancestral property

You are entitled to a share equivalent to that of your brother. In fact you are a co-owner with him. You may need to approach the concerned authorities for inclusion of your name as a 'joint owner' with your brother.

If required, the will may be challenged as 'void' having been made without any legal authority.

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Answered on 1/22/09, 7:52 am
Vivek Mapara Vivek N. Mapara

Re: Ancestral property

I respectfully differ from the opinion of my brother collegue Mr. Sudershan Goel

If the property is gifted by your grandfather to your father, then it become as good as a self acquired property of your father, and your father can make a will of the entire prperty and bequith the same to your brother, and in that case you dont have any right to get your share.

Feel free contact

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Answered on 1/22/09, 8:33 am
Vishwa Arya Arya & Co.

Re: Ancestral property

It certainly would depend how your father acquired the property from your grand father. If your father inherited it by way of will of your grandfather, then your father could not have disposed that property by way of his own will in favour of any one including your brother. however, if your grandfather during his life time had passed on the properties either by gift or by sale to your father then they are as good as self acquired properties of your father and your father may dispose it in the manner he liked.

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Answered on 1/22/09, 8:49 am


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