Legal Question in Real Estate Law in India

Property Dispute
The property is ancestral. My grandfather has 03 sons & 04 daughters. Around 10 years back, before his death, he made a will in favour of my two uncles only. Now my grandmother wants to divide the property among 8 parts including herself. But all my aunts are not claiming from themselves, its the choice of my grandmother to get my father rid of a good share of property. But can they be given share even if 04 of them (aunts) are having 2-3 houses of their own/husband's and uncles too are very wealthy as compared to my father who has no property of his own. One of my uncle has been granted the shop in which my father used to work (for 25 years) but my fahter never tried to get it on his name. Are the daughters entitled to get share in this situation?

Asked on 4/17/09, 8:36 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Property Dispute

Your grandfather may be entitled to dispose of his property, if it is self-acquired, as per his discretion. He may debar his daughters from inheritance. However, if the property is ancestral in his hands, all the legal heirs will share as per law.

Answered on 4/17/09, 11:35 pm

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Shrichand Nahar S.V.Nahar, Advocate

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Re: Property Dispute

Since 2005, married daughters are given equal shares. Before that different states having different amendments. Check amendment applicable to your state.

Answered on 4/18/09, 3:04 am

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