Is daughters can get a share above 60 yrs

shashidhar (Querist) 25 November 2013 This query is : Resolved
we r 2 brothers and 2 sisters my father made a will to me and my brother to enjoy the entire property of my grand fathers, but my sisters are above 60 yrs and their sons filed a suit against us that they want a share , what will be the decision in court in karnataka

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Devajyoti Barman (Expert) 25 November 2013
How did your father get the property of his father, by inheritance or through Will?

T. Kalaiselvan, Advocate (Expert) 25 November 2013
If your father was alive in the year 2005 and no partition was made on the ancestral property in the allotted share of your father, your sisters have a legitimate right in the said property equal to the shares of the sons, in that case your father cannot execute a Will over the entire property which has interests of other members of his family.

malipeddi jaggarao (Expert) 26 November 2013
Agreed with expert MR.Kalaiselvan with the following addition:
If your father acquired the property by inheritance i.e., as a legal heir after the death of your grand father. But if your grand father bequeathed a Will in your father's name, it becomes your father's self-acquired property and he can deal with the property as he wishes.

Vidhi Joshi (Expert) 26 November 2013
agree with Mr. Kalaiselvan and Mr. Jaggarao.

Rajendra K Goyal (Expert) 27 November 2013
Well advised by the experts, nothing more to add.

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