Legal Question in Real Estate Law in India

I am Rukmani aged 58 years from tamilnadu. My Grandfather bought an agricultural land in the year 1952. My grand father had two sons and three daughters. In the year 1976 a partition has been made between two sons (my father and his brother) and it has been registered. From that time onwards my father enjoys the sole right of the property.
My father had one son and two daughers (myself, elder sister and younger brother)
In the year 1999 he wrote a will (partitioned property 3.16 acres of agricultural land) in my son�s name and it has been registered.
Because they are not with my parents and myself looking after their health and day to day needs. My younger brother got a love marriage after that he never turned to my parents and also my elder sister, she never turned after her marriage. So my father wrote a will in my son�s name.
My father died in the year 2000 and my mother died in the year 2005.
My question is
1) Whether it is an ancestral property or not?
2) Whether My father has a right to write a will?
3) Whether my elder sister and younger brother can claim the share in the property?

Asked on 6/25/12, 5:09 am

2 Answers from Attorneys

SHIVA SHANKAR REDDY M/S S&S LAW FIRM

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it is no longer ancestral property as this was registered in your fathers name and he became the sole and absolute owner .

being sole and absolute owner your father had every right to write a will and can take any decision in this regard so there is no question of your right over the property nor your elder sister can do,but you do have an option of claiming the amount from your brother as he had not taken care of your father or mother during their lifetime and you had spent amount on their health and other basic requriments .

But in order to claim you have to show all relevant expenditure and firstly your financial status of providing such expendiutre

Answered on 6/25/12, 5:30 am

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