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property fraud

(Querist) 21 August 2009 This query is : Resolved 
Sir,my wife's Father was Died and Now her father is passed away and all property is transferred to On His brother's name. After the death of my father-in-law in Dec 2008, now situation is changed, now situation is changed. Can my wife get a Propertie from her ancestral property at this stage even after her father's will in favour of his brother? It is also intimated that her consent was not taken by any body at the time of transferring of property to his brother's name after the death of her father in Dec 2008 and my uncle do fraud with us can u tell me what can I do I want need my properties
SANDEEP GOYAL (Expert) 21 August 2009
Dear Mr. Satish,
your wife can challenge the legality of her father's will in the court, when citation of the probate is served upon her.
and if the property is ancestral then she has a equal proportionate right in the property like her brother.
Y V Vishweshwar Rao (Expert) 22 August 2009
Father Will deed in favour of His brother !- is it self acquired proerty

Whether it is ancestral proerty

to be cosnidered!

If it can be pleaded and proved that the proerty is ancestral proerty , duaghter can claim half share ( Father & Daughter- only - as per Query ) rest of the half will go to father's brother-as per the Will deed!


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