Ramashankar 28 March 2018
Hello, My question is that what if Father made proper papers ( Vasiyat ) in which clearly written that after his death the property will be go to first son ( 2nd son die before father) and now 2nd Son's son (Grandson) asking for share in property (land). Does he have any right ? also Tehsildaar says that we need his (grandson's) signature that he has no problem .Thank You
Subash M R (Advocate) 28 March 2018
The property had been bequeathed by the father was not his self acquired one,then all legal heirs are entitled to own his or her pre existing rights on the same.
Thanking you,
Srajadvo460 (Advocate) 28 March 2018
No legal right accrues under an unprobated Will except in case where taking of probate is not mandatory. go through this judgement this might help
https://indiankanoon.org/doc/240495/
jyotirmaya behera (advocate) 29 March 2018
Father can do whatever he wants only on his self-acquired property. But in case of ancestral property, both sons have right over the same.
there is many factors to clarify so you have to contact local lawyer with all documents.
Jyotirmaya Prasad Behera
Advocate,Orissa High Court
9132319262
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