Legal Question in Civil Rights Law in India

Right to a property

One of My Uncle expired on 06/11/2007 executing a will(unregistered) on Rs.10 Stamp paper granting the his proportionate share in the property(house) in favour of my another uncle(living) and to one of my aunt(fathers sister).Now this property was inherited from my grand father,who in his will dated 10.03.1965 stated that none of his daughers(my aunt) will be entitled to the porperty.Now it is worth while to mention that my father had died in the yer 1978 leaving behind me and my younger brother and my mother.Now my question is whether

1.My aunt (my fathers sister)can claim share in the property as the original testator (my grand father)of the will did not include her name in the will as the claimant?

2.Whether the sale proceeds of the property can be distibuted among the remaining legal heirs proportionately or to be distributed to living brothers and sisters alone?

3.Wheher there is any relevance to the testament of original testators will in so much as it relates to distribution to my aunt?,Inspite of the fact that the original will states not to be given to the aunt?I am in a confusion .I will be grateful if my question is answered


Asked on 1/14/09, 6:35 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Right to a property

1. The answer will depend upon manner of acquisition of property by your grandfather.

2. The sale proceeds may be divided amongst all the legal heirs.

3. The will may not be valid in respect of an ancestral property. If the property was self acquired in the hands of the testatory, the will may be followed.

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Answered on 1/14/09, 7:10 am


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