Legal Question in Wills and Trusts in India
1.The ancestral house was in the name of my grand father. He died without making a will and my grandmother and my father were survivors in the Hindu property in the name of my grandfather.The house was transferred in name of my grandmother and my father as co-owners.
2.On the death of my grandmother in 1975 the house was transferred in the name of my father as sole owner ,as my grand mother did not leave any will.
3.Now my father has wife,daughter and son all majors.My father being sole owner of seperate property as mentioned in point-2 wants to make a will under section-30 of hindu succession act 1956.
Query - Can the will be challenged by my mother and my sister after the death of my father in case he makes the will in my name i.e. only son.If my father dies without making a will , what will be my position ? will I get 1/3rd share along with my mother and sister in absence of will?
1 Answer from Attorneys
this is an ancestral property that is being held by your father so the property cannot be willed away by your father. all the legal heirs are equally entitled to a share in the property by way of partition including your mother and sister.
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