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K S.Suryanarayanan   05 December 2009

Right of Daughter in Ancesteral Property

A client of mine had inherited aproperty from his father.He had spent some amount on the construction subsequently. He is not alive now.He is survived by his wife , 2 sons and 2 daughters.

He had left a will which is registered. Following is the contents of the will in brief.

The wife has right of enjoyment  in the property till her death. The first floor of the building is for 1st son and the ground floor is for the 2nd son. The rest of the open land is to be shared equally by the 2 sons.However the sons has no right to dispose off the property without the onsent of the wife till her death. Nothing is given to the daughters.

Both the sons are not taking care of the mother. The daughters take care of the mother.

Now my querry is-

1. The mother now wants to divide the property into three and wants to give her share to the daughtrrs equally. Is there any way to change the will.

2. Is this an ancesteral property .

3.Can the daughters claim a share in the property irrespective of the wish of the mother.

4. Can the sister of my client who is alive claim a share in the property inherited from her father by her brother

Please let me have your views.



Learning

 4 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 December 2009

ALL HAVE EQUAL RIGHTS ON THE EXTNT OF ANCESTRAL PROPERTY VALUE, WILL WILL HAVE  ENFORCEBILITY ON ONLY HIS OWN EARNINGS.

HENCE ALL GET EQUAL SHARE IN THE ABOVE ANCESTRAL PROPERTY,(INCLUDING CONSTUCTED)

Adv Archana Deshmukh (Practicing Advocate)     05 December 2009

 According to me, it is an ancestral property and the wife, 2 sons and 2 daughters have equal share in the property. The wife and daughters can challange the WILL and file a suit for partition.

 

Anish goyal (Advocate)     05 December 2009

Can you tell me when your client's father died? Who was surviving at that time? By which way he inherited the property?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 December 2009

First clarify tha questions raised by experts and then wait for reply.


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