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share in property

Querist : Anonymous (Querist) 17 November 2009 This query is : Resolved 
we are 3 brother and 3 sister. my father
acquired all property from grand parents.

he made a will in year 2004.

as my 2 brother were with my father and i was working outside they influenced my father so he made the best part in their share.

as my father has not made any share for my sisters does they will have right.

A V Vishal (Expert) 17 November 2009
1. Will cannot be executed for ancestral property.

2. Even if such will is made it is invalid in law.

3. Your sisters will too have a share subject to the succession amendment act of 2005 if you are a Hindu, in any other case the succession law applicable to your religion applies.

4. You have not stated whether your parents are alive.
G V S Jagannadha Rao (Expert) 17 November 2009
If you are a Hindu, by mere birth in the family, you acquire a share in the ancestral (joint family) property.

Your father can execute a will only in respect of his share in the ancestral property.

Kiran Kumar (Expert) 17 November 2009
i subscribe to the opinion expressed by the Ld. Experts above.
Raj Kumar Makkad (Expert) 17 November 2009
I have no different opinion then expressed by all other experts on the subject.


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