Legal Question in Civil Litigation in India

Dear All, the property of the grandfather ( own property not ancestors) is willed to his Son & his Grand sons(Minor) & later in 1997 the willed property was divided (Partition deed was made) between the son & grand sons & part of the property was divided to the daughters which is been signed by the Son & grand sons by that time the grand father was expired(Death of grand father in 1987)but according to the will the property was not divided to Grand daughters. Later on the father also expired & property Belonging to father as per the will is not divided to any body & also the property made of his own also is not divided.

Note : No signs have been taken from the daughters any where

Now the question is :

1 > Can the daughters can claim for the willed property as the property is not shared according to the will made by the grandfather .

2> can daughters can claim on the undivided property of their father which not been divided

3> can the brothers can put case on the sisters to the part of property given to them from the willed property inspite of putting their sign on the partition deed made by his father. as they have also sold their property to some other .

4> Pls Suggest positive goals & advise which can benefit the daughters.


Asked on 8/01/10, 2:22 am

2 Answers from Attorneys
Fahri Toga TOGA//OKSUZ

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Answered on 8/02/10, 12:56 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

As per your questions, if you said like testamentory succession usually made to avoid future litigations, and bequeth such properties peacefully among the beneficiaries with out any quaral, Ok ? I mean it that proper will usually arrest future successions, and its partitions unless proved contrary to law. Hence no other future heirs can anticipate any shares in respect to the testamentory successions whether may be daughters, or any other heirs.

Please learn if once a will is made in respect to the testators intentions, and if this is proper as I said above, and this hold good for ever, unless contrary interest proved in respect to law of will shall be there, Ok ?.

Please learn no one has the authority to make encroach upon the stridhan property at question 3, as asked by you, Ok ?

Thank You,

Kind Regard. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 8/07/10, 12:00 am


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