Legal Question in Real Estate Law in India
My sister has grabbed major portion of the property and now has gifted a part to her daughter. Can she gift ancestral property?? I am the son. My mother had made a will but it has not been executed. My sister had arranged her own lawyer for this subdivision. Can the will be executed after 16 yrs??
2 Answers from Attorneys
in case you can prove that the property was joint family and your mother had no right to gie away the property through will, then the gift deed in favour of her daughter may be cancelled. only self acquired property can be willed away but joint family property has to be partitioned and only then a person can will away his share of the property that he gets out of partition.
If the property is ancestral, there is no question of some heir grabbing more than their entitled share. Also Will cannot be made for more than one's share.
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