Distrubution of ancestral property
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
My Great Grand Father has two son, elder grandfather and my grandfather.
Elder grandfather has one son and three daughters. All are married and well settled. The only son of elder grandfather died in road accident few years back and left with widow wife no children.
My grandfather has two sons, my father and uncle, both married and well settled.
Great grandfather has distributed his property equally among his both sons through WILL, but elder grandfather has made more properties and registered in his name. The original WILL has not been executed but also not challenged any way.
After the death of only son of elder grandfather his wife has also left our home and staying with her mother but not divorced. Elder grandfather has distributed gold amoung all his daughters (three) and daughter-in-law equally. The other properties have been distributed among my father and uncle equally through WILL. Elder grandfather passed away last month. We submitted his WILL for execution at tehsil office. Now we got to know from the tehsil office that this WILL has been challenged by his daughter –in-law. In nut shell she put her claim whereas three daughters are not challenging.
In view of above I want to ask the following.
1) Is her claim legal, when there is WILL written by elder grandfather?
2) If, yes , what is she eligible, for ancestral property only or other which elder grandfather has added to his name later?
3) Now what would be the process of distribution of the elder grandfather’s property?
Look forward for your suggestion
Regards
-dinesh
R.Ramachandran
(Expert) 19 September 2011
The answer to your query can be given precisely and decisively only upon seeing the contents of the WILL of your great grand father as well as the WILL of your elder grand father. Without seeing this, any given opinion will remain only an opinion rendered without any sound legal basis.
Raj Kumar Makkad
(Expert) 19 September 2011
1. It is difficult to comment whether her claim is legal or not but if will is duly registered and is fully proved then her claim is totally illegal and false. Will is required to be proved before court of law.
2. As your elder grand-father had became owner of the properties left by his father by way of a will so such properties shall be treated as his self acquired and the properties earned by your grand-father during his life time shall also be similarly situated so if will is established, his daughter-in-law is not entitled for a single penny out of whole properties and if will is falsified then she is entitled to inherit 1/4 share in all properties like all 3 daughters means each one shall be entitled for 1/4 share each.
3. You get the will probated claiming whole properties as yours and let her come in civil court wherein her version shall also come and you shall have to lead your evidence with right of rebuttal to other party. Court shall decide whole matter.
prabhakar singh
(Expert) 19 September 2011
In the absence of perusal of a document on which a query bases ,any answer can be simply speculative in nature.
Hence i better prefer to go to side of Mr.Ramachandran.It's so good if your problem has stood solved on by anticipations and assumptions made by Mr. Makkad.
Shastri J.K.
(Expert) 19 September 2011
I agree with mr.R.Ramachandran
