VALIDATIN OF WILL OF ANCENTRAL PROPERTY

Querist : Anonymous (Querist) 10 June 2010 This query is : Resolved
Our father prepared a " Will" ( Feb'10) in favour of our only unmarried brother (age 52years)
and died on 10.05.2010 at the age of 90years.

95% property of the Testament is Ancestral Property. Only 5% property is our fathers own earned property. Total valuation of the property will be more than 5 crores (approx.)

Under the above circumstances can we (five married daughter of the Testator) claim for our share in the above Ancestral property?

Two of us have already lost our husbands and financial condition is very poor.

Can the "Hindu Succcession Amendment Act of 2005" help us in this regard?

What will be our course of action?

Regards
Malina Naskar, Soma Mondal, Sima Mondal, Uma Naskar & Ruma Das
Rajarhat, Kolkata - 700059

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ARVIND JAIN (Expert) 10 June 2010
WILL CAN ONLY BE FOR SELF ACQUIRED PROPERTY ONLY. AFTER AMENDMENT IN 2005 ALL DAUGHTERS ARE ENTITLED FOR EQUAL SHARE IN THE PROPERTY.GO AHEAD.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 June 2010
But you have to prove in the court that which portion of the property was self earned and which was not. In absence of which will document will prevail.

B K Raghavendra Rao (Expert) 10 June 2010
Your father died in the year 2010. So the partition of property opened in 2010 and therefore the Amendment Act 2005 applies. All the children irrespective of male or female get equal share in the property. Your father cannot make a will for the ancestral property. So far as his 5% self-acquired property, the will holds good. You have to issue a legal notice to your brother or whoever is not willing to partition the property and file a suit for partition. Definitely all of you would equal share.

G. ARAVINTHAN (Expert) 10 June 2010
The will executed by your father in respect of his self acquired property only be valid and all the other ancestral properties can be divided equally between five daughters and a son

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