Can anybody please clarify the following.
'A' inherited some landed property from his father through a will.
He construct/renovate the building and resides there till death with his wife, 2 sons and 2 daughters.
This property has substantial open space in front and at the back and the house, with 2 floors,is in the centre of the plot of land.
He writes a WILL stating that the following:
a) The wife will have all rights to enjoy the property till her life, the rental income should go to the wife.
b) The ground floor will go to one son and the first floor for the other son.
c) The open space in front and at the back will be shared equally shared between the sons.
d) The sons cannot sell or dispose the property without the consesnt of the wife till her life.
My querry
1. Can the daughters claim a share in the property irrespective of the will as it is ancestral property.
2. Both the sons are not taking care of the mother. She lives with both daughters. Can she claim partition of the property, specially in view of the explicit mention in 'b' above in the WILL.
3.Can the sons construct building in the open space at the front and earn out of it. Can they sell part of the property? Do they require the consent of the mother.
4.Can the building be demolished and if so can the build more floors G+3 or 4. In such a case how the brothers will share.
from
suryanarayanan
'A' inherited some landed property from his father through a will.
He construct/renovate the building and resides there till death with his wife, 2 sons and 2 daughters.
This property has substantial open space in front and at the back and the house, with 2 floors,is in the centre of the plot of land.
He writes a WILL stating that the following:
a) The wife will have all rights to enjoy the property till her life, the rental income should go to the wife.
b) The ground floor will go to one son and the first floor for the other son.
c) The open space in front and at the back will be shared equally shared between the sons.
d) The sons cannot sell or dispose the property without the consesnt of the wife till her life.
My querry
1. Can the daughters claim a share in the property irrespective of the will as it is ancestral property.
2. Both the sons are not taking care of the mother. She lives with both daughters. Can she claim partition of the property, specially in view of the explicit mention in 'b' above in the WILL.
3.Can the sons construct building in the open space at the front and earn out of it. Can they sell part of the property? Do they require the consent of the mother.
4.Can the building be demolished and if so can the build more floors G+3 or 4. In such a case how the brothers will share.
from
suryanarayanan
