Ancestral property
Marie
(Querist) 02 June 2012
This query is : Resolved
The issue concerns Ancestral Property located in Kerala. The property till today has not yet been distributed since my paternal grandfather's demise. As per his Will, half the property was allotted to my father, who passed away without leaving a Will. At that point of time, my family consisted of my mother and her seven children. The property consists of an Ancestral House on a plot of land.
As I understand, under the Kerala Christian Law of Succession the property now belonged to my mother and her seven children. My mother unfortunately passed away leaving a Will which precisely stated that 'two thirds of the above said property to be equally divided amongst her seven children and as to her share of one third, half to be given to my eldest brother and the other half be equally divided amongst the remainder six children'.
I kindly request for the following clarifications:-
(a) Is the division of the property within our family, legally correct?
(b) Can Ancestral Property inherited through succession be divided in the two third-one third manner as given in my mother's Will OR is the same to be divided equally amongst the survivors?
(c) Is the Probation of my mother's Will mandatory before any distribution takes place, being Ancestral Property?
(d) Can any portion of Ancestral Property be gifted away?
Shonee Kapoor
(Expert) 20 June 2012
The property would be divided as per succession and the said will is invalid.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
