Land
Prasad
(Querist) 12 September 2012
This query is : Resolved
MY father has written a will in 2003 and expired in 2012. He has property of two houses in different places on his name and he is survived by 4 children. He has written one house (property ) in 2 children name and remaining on 2 children name mentioning separately with survey numbers for that property.other than 4 children can any body sell/take these properties or can any body with out knowledge do any alternation by changing boundaries (only fencing in iron ropes).
Now my fathers brother now he comes and says that he too have his share in these properties and it is not reflected in any documents or my father has mentioned in WIL L.How to solve this .he daily troubles us
M V Gupta
(Expert) 13 September 2012
If the two houses are self acquired by ur father (i.e., purchased by him form his own salary or earnings) and the property is not ancestral property (i.e., inherited from ur grand father), the peoperty will belong to the four children as per the will; and ur uncle does not have any rights. However, if the two properties are ancestral, then ur uncle also has rights in them and the will will be valid only to the extent of ur father's share in it.
