I am a 60 year old women. My father wrote a Will mentioning his property belong both to me and my brother equally. In this registered Will, he mentioned only about his own property. In later time, my brother forced my father to register a Will containing both his own and ancestral property that should solely belong only to him. This was completely unaware to me. My father passed away on 2005, April. Now I need a clarification on the above Will. I believe I have equal rights on the ancestral property. Is this right? If so, please let me know all the possible ways to claim the property. Kindly help me with your suggestions.
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1) second will supersedes earlier will
2) you have share in ancestral property
3) your father could at most have bequeathed his share of ancestral property
4) contact a local lawyer
5) file suit for partition to claim share in father ancestral and self acquired property
6) burden of proof is upon brother to prove father will
Hi , if the property is ancestrol then you have a legal right in the property. . Also you can challenge the WILL in court by filing a suit for declaration and permanent injuction.
Thank you Sirs, It would be great if you provide more information on the laws perspective.. Because I am worried over these links http://indiatoday.intoday.in/story/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-says-sc/1/514940.html http://www.thehindu.com/todays-paper/tp-business/Rights-of-married-Hindu-women-after-the-Amendment-Act-2005/article14687764.ece Key information from my side My Married year – 1976 Father passed away on 2005, April Based on the information provided in these link… Whether I am not eligible for the ancestral property? There is no Will on the ancestral property except my father’s will. Awaiting for your response
The issue is whether property is ancestral property or not
2) property which has remained undivided for 4 generations is ancestral property
3) it is necessary to peruse the will and other documents cited by you to advice further
1. As per amendment to the Hindu Succession Act 2005, the Hon'ble Supreme Court in its judgement has ruled that the father should be alive as on 9th September 2005 for the Daughter to claim right of equal share on par with her brothers in the ancestral property.
2. Since your father died in April 2005, much before the amendment to the Hindu Succession Act 2005, where to be eligible your father should have been alive as on 9-9-2005 and this clause is not satisfied and therefore daughters, in the instant case, are not eligible for equal share along with their brothers in the ancestral property. However daughters' are eligible for notional share in the property.
As regards to the self acquired property, you are liable to inherit it by one half.
What is the exact date of the death of your father?
This ancestral property was already inherited by your father. Meaning there by, this property was in his name on the day of his death?
I believe I have equal rights on the ancestral property. Is this right? If so, please let me know all the possible ways to claim the property. Kindly help me with your suggestions.
The property in the hands of your father whether it was inherited or self acquired, it belonged to him and he was the absolute owner of the property .
Therefore the property lost its ancestral character.
Thus the transfer of property by your father by a testamentary disposition i.e., by a Will shall be valid and the beneficiary can enforce the will.
If it was a registered Will, then there is no need even to probate the same, however if you file a suit seeking your share in the property, then he may have to prove the will in the manner known to law.
Based on the information provided in these link… Whether I am not eligible for the ancestral property?
There is no Will on the ancestral property except my father’s will.
The properties mentioned in the will alone shall constitute as bequest and not the other properties which do not find a mention in the will.
You can file a partition suit seeking your share and separate possession in the properties which come under intestate succession.