Amar 08 October 2017

Fathers property to his daughter

Hello All,

My mother has 2 brothers and 1 sister. Her Fathers property is divided between 2 of her brothers and nothing given to sisters. Points to considered

1. My mother got married in 1984

2. Her Fathers property is mix of Ancestors and self earned and we have those details

3. Property got divided between the 2 sons and the Will was registered and this happened in 2016

4. Her Father is still alive

can she file a case now against them claiming that she get equal share similar to her brothers on any of the fathers property?

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1 Replies

Vijay Raj Mahajan (Advocate) 03 November 2017

Will made by father who is still alive in favour of his two sons only leaving aside the daughter and not giving her any share in his property. This Will cannot be challenged during the lifetime of the father.

Secondly the Will can be made by any person with regard to his self owned property not the ancestral property that by birth have other co-owners like in this case his sons and daughter. The Will made for such ancestral property will be null and void and can be challenged but only when it comes for probation proceedings after the death of the testator/father.