Is daughter has equal rights to get fathers owns asset?
ramesh
(Querist) 03 March 2016
This query is : Resolved
Hi,
my grandfather have 5 children's ( 3 daughters and 2 sons). before he was dead, he has written a document for all assets to his younger son that he him self bought in his life time with income/source of his mother-in-low land. now that younger son doesn't come to give any asset to his sisters.
and my question is that is it each sisters have rights to get equal shares on fathers properties(that was now written belongs to his younger son). will it law accept that documents written to his younger son and if every sisters has approach court will they get equal shares.
Thank you all.
Is daughter has equal rights to get fathers owns asset
Devajyoti Barman
(Expert) 03 March 2016
If indeed it was the self acquired property of your grand father then he can give the same to anyone he chooses in which even neither the others sons or daughters will have any say in this.
P. Venu
(Expert) 03 March 2016
What is the document that the grandfather has allegedly written? The question is whether those documents constitute a valid will.
Any how, the other siblings can approach the civil court through a partition suit asserting that their father had died intestate and that the property is jointly vested in them.
R.K Nanda
(Expert) 03 March 2016
nothing to add more.
ramesh
(Querist) 04 March 2016
Thanks @Devajyoti Barman. in the will said like he is the next owner of the properties after his dead but we have doubt like whether that will is originally written by him or not. how could we find out that?
ramesh
(Querist) 04 March 2016
Thank you all for kind reply.
Thanks @Venu.
"The question is whether those documents constitute a valid will". - we are not sure whether that will is valid one. we are clueless to find out that. any help?
and if we start filling case again the property then where do we have to start because we really don't know about any wise on how the process will be and what are all things required to fill a case again that and finally the most and important about the cost.
Dr J C Vashista
(Expert) 04 March 2016
Well advised by experts, I agree.
If you have any doubt about the will executed by your grandfather, let his (GF)children may file a suit for partition and/or cancellation of the document of will, through a local lawyer.
Devajyoti Barman
(Expert) 04 March 2016
Meet a local lawyer. All your doubts will be cleared.
