Legal Question in Real Estate Law in India

My garnd maternal father died in 1948 without a will. His heris my mother & two other borther devided the share on mutual consent in the court in1997.

Now my mother had will the entire her share to my other brother and not given to me anything.

I want to know what are my rights and if so how can I claim.


Asked on 7/28/11, 11:37 pm

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Is your mother alive ? Your mother can will her property to anyone as that property which she has inherited becomes her self acquired one. You cannot claim anything in her life time. And i am sure you are aware that will is operative after the death of the testator.

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Answered on 7/28/11, 11:48 pm
Shrichand Nahar S.V.Nahar, Advocate

Generally, a property coming to a hindu woman is presumed to be her absolute property. Therefore, she may give away the same to anybody.

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Answered on 8/01/11, 2:19 am


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