Legal Question in Family Law in India

Claim on fathers properties

My Father has ancestral land and also some self made properties, including house etc. As of now My father is alive (god bless him) and has not declared his will. I have one real brother. Now the point is how much is my claim in the ancestral and self made fathers property. If he writes all his property in his sons name would I be informed or can he become legal heir without me being in picutre. How would I claim in case my brother or father deny or dont give me share as I am married


Asked on 1/30/08, 2:58 pm

6 Answers from Attorneys

Re: Claim on fathers properties

In case of ancestral property,father can not make will in respect of said property.Contact with details,professional charges are applicable.

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Answered on 1/31/08, 12:28 pm

Re: Claim on fathers properties

In case of ancestral property,father can not make will in respect of said property.Contact with details,professional charges are applicable.

Read more
Answered on 1/31/08, 12:28 pm

Re: Claim on fathers properties

In case of ancestral property,father can not make will in respect of said property.Contact with details,professional charges are applicable.

Read more
Answered on 1/31/08, 12:28 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Claim on fathers properties

If you are a Hindu, your father cannot will away the ancestral property in his hands; and you are entitled to an equal share (a) either when the property is being partitioned; or (b) on the death of your father;

However, your father is entitled to make a will for his self acquired property.

In case he dies without making any will, you will be entitled to an equal share with your brother in his self acquired property also.

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Answered on 1/30/08, 4:48 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Claim on fathers properties

Presuming you to be a hindu you have a equal share with your brother in both the properties if your father has not made any will.He can dispose of the property which is self acquired by a will in the way he likes.In case of ancestral property you take equal share.

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Answered on 1/31/08, 6:02 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Claim on fathers properties

You are entitled to get an equal share if you are Hindu.

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Answered on 1/31/08, 8:39 am


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