Share of ancestral property
Prasad
(Querist) 23 December 2013
This query is : Resolved
Dear sir, I have three elder sisters and i am the only son. My second sister did inter cast marriage by which my parents got angry and discontinued all the contacts with her. They were so frustrated that they made WILL so, i can get their property without any hassle. Both WILLS are registered and my other two sisters have no problem with it. My second sister have taken all her jewelry and some cash with her when she left us. Now both of my parents are expired and she have filed a suit against me for share in the ancestral property. I want to know if she is eligible for the share ? if yes the how to take the property value ? I mean is it the value she left us or the present value ? I have also heard that property which transfered less than four generations is not counted as ancestral. is it true ? thank you for your valued advice.
regards
Prasad
ajay sethi
(Expert) 23 December 2013
if you parents left a will apply for probate of will . what basis do you say property is ancestral ? was it self acquired property of your parents?
Prasad
(Querist) 23 December 2013
The property was purchased by my grand father and my father got it as his share...
ajay sethi
(Expert) 23 December 2013
it would not be ancestral property . it was self acquired property of your grand father inherited by your father
Rajendra K Goyal
(Expert) 23 December 2013
Get the will probated, Contact some local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 24 December 2013
Your father had full rights to dispose the share of his property inherited in the capacity of legal heir from his father in the manner he desired to do so, therefore whether the Will of testament was registered or not , it is valid provided the same is probated, so as advised by other experts file a probate OP before the concerned District and sessions court for acquiring the property.
Prasad
(Querist) 26 December 2013
Thank you all ... Great to hear that I can fulfill my parent's last wish.
