Legal Question in Wills and Trusts in India
My grandfather and his brother divided their ancestral property in 1981. 14 acres of agricultural land owned by my grand father Muthappan came through ancestral property. He does not have a separate self-acquired property. In his ancestral property of 14acre, he gave half to his son Muthusamy in 1990 . And my grand father muthappan wrote a will of the remaining 7 acres to Muthusamy`s daughter vasuki born to his second wife. Muthusamy�s second wife kaliammal is the guardian to vasuki according to will. I am the son of the first wife of Muthusamy. But my father muthusamy didn�t divorce his first wife. The will did not mention anything about me and my mother. My grandfather Muthappan died in 1993. I just know about this will. Vasuki has not yet been obtained the property.I was 22 year old at the time of the will written. 14 acre property is currently used by my father Muthusamy. This will is therefore justified, Can I appeal to the court against the will?Please help me.
3 Answers from Attorneys
15.01.2013
Dear Sir,
Since your grandfather has already willed 7 acres of the property to Vasuki's name, the custodian being Kaliammal in the Will, there is nothing you can do to claim over the right of Vasuki to get the 7 acres of land probated in Vasuki's name.
The only option that you can exercise is to politely persuade your father that the remaining 7 acres of land that is to be probated in his name, should be nominated or Willed by him in favour of you and your mother.
Regards,
FCA Prashant Chavan
Mumbai
(You can mail me for further on-line advice at [email protected])
try to convince your father.
Yes . You have a share in your ancestral property . Engage a lawyer.....Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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