You should apply for probate of will
2) probate is judicial proof that will is genuine
3) if there are no objections received you would get probate in 6 months
4) your brother and his son ha e no share in property bequeathed to you by will
My father has a self acquired property. My mother is passed away before my father. We are two siblings. My father passed away leaving a will to me. ( bequeathed all his self acquired property and his share of ancisteral property to me). Property is been mutated to my name. My brothers name is not there in the will. Now, my brother is divorced and have a child. Does my brother or his son with ex wife will have any right on the property? Can they claim anything?
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You should apply for probate of will
2) probate is judicial proof that will is genuine
3) if there are no objections received you would get probate in 6 months
4) your brother and his son ha e no share in property bequeathed to you by will
1. When your brother has no share in the property devolved upon you by virtue of the Will then there is no question of his legal heir to have any share therein.
2. It is not clear whether you have taken any Probate of the Will or not. If not and if the same is compulsory in you stat then do so asap.
3. If your father have given his ancestral property solely to you then your brother and his son have share therein.
Yes my father gave his ancestral property to solely to me. However that ancestral property is divided among the brothers and he only gave his share to me. What is my brother right on it now?
The property owned and bought buy your father shall be your and no right of brother there.
However, he may fight on ancestral property in court as until he gives his NOD to relinquish his right it will be always available with him to contest and own.
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Regards
Vivek Arya
Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided for four generations is ancestral property
3) in your case after partition it ceases to be ancestral property
4) your brother cannot claim any share in property
I mean it is inherited but partitioned property he gave it to me through will. Now will my brother or his son will have any right over it.
See father was absolute owner of property received by partition and self acquired so by his will you are absolute owner and brother has no share.
Ex wife has no claim in husband property and by virtue of WILL (testamentary succession), you are absolute owner. Non has nay claim. And if there was no WILL, than only in ancestral property,grand child had share.
After partition, received share become his personal property, WILL is valid for that property also.
You are absolute owner.
Hope WILL is duly executed and attested !
1. Brother or his legal heirs cannot claim any type of rights over Parents "self-acquired" property that was properly willed to you.
2. IF the ancestral property was duly partitioned documentarily via a registered "partitioned deed", ONLY THEN such ancestral property will lose its "ancestral" tag and will classify as "self-acquired" at the hands of the partition-receiver. ELSE on the contrary to this, ALL the legal heirs would be entitled to EQUAL share only in the ancestral part of the property that was willed to you. ORAL partition of ancestral properties, is legally not acceptable, during disputes reaching the courts.
If he has given his property after your father has got his share after partition from his father then the said ancestral property took the nature of hiss elf acquired property and hence your brother or his son has no share in it.
If the property given to you by your father is ancestral only on that property your brother or her legal heir can claim
Your father has bequeathed his self acquired property and his share of ancestral property to you under his Will
Provided the Will is proved and there no challenge to it, your brother and his son stand excluded
Even otherwise if the Will was not made, only you and your brother would have a right in his estate since a grandson is excluded as a class 1 legal heir under Hindu Succession Act
Also u/s 30 of Hindu Succession Act, a Hindu can make a Will of his share in ancestral property to any person of hia choice
So the bequest made by your father of inherited property is valid
They cannot claim anything from you now as your father has can write fully dispose of his self acquired as well as his share of the ancestral property to anyone he wished, which he did by way of will in your favour.
If it was partitioned property,it would be treated as a self acquired property of your father and not ancestral property hence your brother or his heirs would have no share on such property.
1. Have you appied for and availed the grant of probate of the will from the Court?
2. In that case your brother will get a copy of the application and will either contest it or give his consent for the grant pf probate for the said will.
3. Onmce the will is probated, nobody else will be abnle to claim share on it any furher.
1. If your fatrher has bequeathed his properties to you, then you shall necome its sole title holder.
2. However, you shall have to get the probate of the said will for getting seal on the Court on the said will.
1. The said portion of the property is your father's property.
2. You shall be come its owner if he has bequeathed the same in your favour.
Since you have enforced the Will and acquired the property bequeathed in your favor and also mutated the property to your name, it may not be possible for them make any claim for a share in the properties. As it is your brother's son or his ex wife cannot claim any share in the property as a right.
If you say that your father's father property as ancestral then it is not ancestral in nature hence your father's will bequeathing his share in the property to your name in respect of that property is legally valid and cannot be challenged because that will be considered as his absolute and own property.
Your brother cannot claim any right over that property at this stage because it has been acquired by you and duly mutated to your name, he never objected to that hence now his claim may not be entertained.
His son do not have any rights in it.