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mitr_ur_friend (aaa)     25 May 2014

Do daughters get priority in mother's property?

my grandparents had 3 sons and 2 daughters.

my grandfather had purchased a house from his own funds, but in the name of my grandmother.

my grandmother passed away leaving behind a WILL in which she handed the house solely in favour of one of her sons.

now other 2 sons and 2 daughters have taken doubt about the validity authencity of this WILL, by applying for porbate of teh WILL.

Now in case, if the WILL is proved to be illegal then -

1) will it be considered that my grandmother dies without leaving behind any WILL

2) will all the 5 children get equal share in the will

3) will the 2 daughters will get priority / will be the only shareholders, since the property belonged to their mother, as it was her stree dhan (house was gifted by grandfather to my grandmother)



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     26 May 2014

If you challenge the will in the court of probate and if it declares false then the whole property will be equally distributed among all her five children as they are the legal heirs of their mother.
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Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     29 May 2014

If it is decided by any competent court as the will is illegal or invalid one, then, all the children of your grand mother are entitled to get equal share under section 15 of Hindu Succession Act.

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