Inheritance of property to grandsons thru a will
singh
(Querist) 25 October 2012
This query is : Resolved
Hi,
My Grandfather was alloted land in Punjab after division of India. He had two sons (elder being my father) and two daughters. He made a registered will dividing all the property he was alloted after partition and self aquired property dividing it equally in the name of grand son1 (me - son of his deceased elder son), grandson2 (son of the younger son).
Now after the death of my grandfather, my grandfathers two daughters and his granddaughter (my real sister) also want to stake claim to the property in question.
Are they entitled to the property even in presence of registered will?
ajay sethi
(Expert) 25 October 2012
apply for probate of the will . if the wll is proved to be genuine then your aunts and sister wont get any share
Advocate Bhartesh goyal
(Expert) 25 October 2012
tour aunts and sisters are not entitled to get share in property left by your grand father as your grand father had bequethed the property to both of you brothers through registered will.
singh
(Querist) 26 October 2012
Thanks so much for your precious time and opinion. I was a bit worried after i searched on the net and found that ancestral property will be divided equally even in the presence of a will.
But my little knowledge tells me that property will be ancestral only if is passed through four generations that too undivided (thanks to internet).
The property was most likely purchased in my grandfather name, on the other hand even if he had received it from his father, it was divided among my gandfathers three brothers.
Should I be concerned about it.
Thanks again, your words gave me a big confidence.
Raj Kumar Makkad
(Expert) 27 October 2012
Mr. Singh! That property allotted to your Grand pa was not ancestral eather shall be regarded as his self acquired property and accordingly he was free to manage it during or after his life time as he has done and his will if proved is purely valid and your Buwa g or sisters have no legal right to claim any share therein.
singh
(Querist) 28 October 2012
Thanks a lot Mr Makkad, Adv Goyal & Mr Sethi!
