Legal Question in Wills and Trusts in India
My grandfather died in 2002 after my fathers death.He made a will in 1995. The will was made before my fathers' death.My grandfather left two sons & three daughters after him.He made a will in favour of all his daughters.Both the sons are not given anything.But will says that money in accounts will be given to the respective accountholder. But we dont know whether the accounts exists or not.This could be a fake will.But the will says these quotes"jab tak meri patni jivit hai meri jaydad ko meri betian muntkil na kar sakengi. Uske marne k baad wo is jaydad ki ekmatra adhikari hongi". Properties are registered on my grandfathers name after 7 years of his death. Can any law in india help me in this matter? I am a citizen of punjab state & properties my grandfather left are three in count one is ancesstral & two are self acquired.One of my aunt is unmarried & living in same property with us keeping her married sisters' son with her. & third one is divorcee.The properties are in punjab & haryana & ancesstral property is in haryana.Can I claim for my share in property?
1 Answer from Attorneys
in case the property is ancestral, a will cannot be executed with regard to ancestral property and all the legal heirs have an equal share in the ancestral property and a suit for partition and cancellation of will can be filed.
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