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Mahaveer (nil)     26 January 2012

Ancestral property

My late father recieved an house and business properties as part of his share belonging to my grandfather after his death. At that time my moter was alive along with her two sons and six daughters. Later on my father transferred the house in the name of my mother. This happened more than 20 yrs ago which was not in my knowledge. Now after my mothers death in her registered will she has passed her rights of house to my younger brother. I being in defence services remained away since 1963 and my elder sister along with a close family friend became witness to my mothers said will while my mother always verbally maintained that i as the elder son also have equal right on house property. secondly, since I was away on duty, my younger brother took over complete control on family business interests as well. Please suggest a way out for me and my children. 



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 January 2012

Dear Querist,

Since your mother has already executed a will in your brother's name. If he is able to prove the same in a court of law and the same is free from suspicious circumstances - there would be nothing much that we could do. However, having said that - we can always assail your mother's capacity to having willed the property or infact your father's when he gave the property to your mother. Your father, if i am not wrong on the facts, recieved the property in inheritance from your grandfather. That would make the property ancestral in your hands and not his seperate property which he could have transferred in your mother's favour. the Children i.e you people had a birth right in that property an equal share - called an undivided coparcenory interest. 

Feel free to ask for any clarifications. 

Hope my answer helps ...Best of Luck - 

Mahaveer (nil)     27 January 2012

Thanks. Rightly the property in question was inherited by my father along with the business interests and not at his own. How do I go about to claim my share? Pl advise.


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