• Can father claim his share after demise of his wife in her ancestral property

My grandmother had registered a will stating that her daughter if predeceases her then the property shall devolve upon her sons i.e. me and my brother equally. Our father had been living with them ever since they got married (53 yrs till now). There was a family agreement signed between us almost 8 yrs ago. Two years back my mother passed away and now my brother is claiming his right over the property and denying any right of our father ever since her death. I and my father received an unregistered last will of our mother (with 2 of her sisters as a witness) stating that the property should devolve upon all 3 legal heirs (My father, my brother and myself). Please guide..
Asked 1 month ago in Property Law
Religion: Hindu

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19 Answers

1) did daughter predeceased grandmother 

 

2) if so you and your brother are absolute owner of property and father has no share in property 

 

3) if mother died after grandmother demise she would be absolute owner of property and father would have one third share in property 

Ajay Sethi
Advocate, Mumbai
75976 Answers
4544 Consultations

5.0 on 5.0

Daughter predecease her ? You mean him - grand father.

If grand father died before daughter than mother is sole owner and Will executed by her is valid. Brother have only 1/3rd share.

 

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

If your grandmother' Will was acted upon by your mother during her lifetime then she becomes the absolute owner of the property she acquired. 

In that event the Will made by your deceased mother is very much valid .

As per Will, you as one of the beneficiaries of the Will, can file a suit for partition of the properties bequeathed in the Will and separate possession of your legitimate share out of that property.

You can make your father as one of the plaintiffs in the partition suit to be filed against your brother..

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

- As per law , after the death of wife , husband is having a right of claim over the property left by her. 

- Since, the said property was came to your mother through a WILL , hence legally it become her self acquired property , and she was having to transfer the same to any person. 

- As there was a condition in the WILL executed by your grandmother , that in the event of death of your mother , the said property would be devolve upon her sons i.e you and your brother equally.  

- But , before her death you mother executed / write a WILL in favour of your father , your brother , and you before the two witnesses, hence the said WILL executed by her is legal and enforceable . 

- As per law, registration of WILL is not mandatory , it it is written before the two attesting witnesses. 

- Hence. now the said property left by your grandmother would be now devolve upon the three persons , to whom your mother has mentioned in her last WILL , and your father is legally a sharer into the same.

- Your brother is wrong to understand the law of the transfer of property . 

- If there is dispute , then file a Probate petition after making your father & you as petitioner and your brother as respondent . 

 

Good luck and donf forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
3428 Answers
39 Consultations

5.0 on 5.0

Your mother's will will prevail subject to probate of the same. 

 

 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

There is no ancestral property from women's side. In your case it will devolve as per the will as law of succession will work

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

In case your mother predeceased grand mother then in that case will of grandmother shall prevail , you and your brother shall have equal share in the property and father shall have no share in it.

In case mother expired after demise of grandmother then in that case you all three shall have equal rights.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

Will must be registered although.

But you should file a declaration suit for declaring the exact distribution of the property 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

You haven't told whether the grandmother is still alive or not. If she is then the property belongs to her sons and to no one else.

Now if the grandmother died before the mother the property would be divided as per her ie grandmother's will.

If the grandmother has already died then the property belongs to your mother.

What does the will say about your mother dying after your grandmother. What will happen then?

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

Dear querist,

 

Undisputedly, the property will devolve as per the last will of the testator, if your mother died first, then the property will devolve as per your grandmother last will. And if, mother died after your grandmother then her last testament will be followed as per law.

However, it is not mentioned in your query who died later. 
if will is there, you have to file a probate case.

 

in case you need my assistance in the matter, you can contact me for consultation, or on linkedin.

 

https://in.linkedin.com/in/yuganshu-sharma-655091183

 

regards,

Yuganshu Sharma

Advocate 

Delhi high court

Yuganshu Sharma
Advocate, New Delhi
364 Answers
1 Consultation

5.0 on 5.0

1. IF Mother did not "predecease" the Grandmother (means mother died after death of grandmother), THEN Grandmother's property becomes only of Mother and nobody else.

2. By virtue of above, the unregistered WILL of Mother is final (unless challenged in Court) property of Mother now will be EQUALLY divided amongst all three residual legal heirs of Mother, without any exceptions, whatsoever.

3. By virtue of above points, Grandmother's original will is no longer legally effective, for any purposes.

 

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

Dear Sir/ Madam

Kindly probate the will which is unregistered and let the court decide. Your father can take help of provisions of Sr. Citizenship act too.

Anand Shukla
Advocate, New Delhi
602 Answers
13 Consultations

4.9 on 5.0

Does that WILL is registered than you can show in the sub-registrar office of Revenue Department. 

 

If the WILL is not registered than you can probate it from court and stop your brother from all further activities.

Ganesh Kadam
Advocate, Pune
10215 Answers
92 Consultations

4.9 on 5.0

1. The will of your grandmother stated that her property shall devolve on you and your brother if your mother predeceases her. Your query is silent on whether your mother predeceased your grandmother.

2. Since you and your brother were to be the ultimate beneficiaries of the will of your grandmother if your mother predeceased her, your mother had no legal competence to make a will during her lifetime in respect of the properties which were bequeathed to her by her mother.

3. Your father could not have been made a beneficiary by your mother in her will in respect of the properties bequeathed to her by her mother as he was not a beneficiary in the will of your grandmother.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Last will of your mother shall prevail and three of you will get an equal share as per the Will

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

As per above stated facts,  you, your father and brother have 1/3rd share each as per unreigred last Will of your mother.   Will is not required to be reigistered.  It can be registered or un-registered but it is to be proved in case it is challenged by your brother.  Let your brother take legal recourse, you should defend your case forcefully.   Meanwhile, be in tough with your two aunts who are witnesses to the Will and prepare them in case they are required to depose in your favour in the court of law.  Hope this would suffice the purpose.  Or if need be, hire a local advocate practising in civil side to guide your propertly.

Dalip Singh
Advocate, New Delhi
644 Answers
12 Consultations

5.0 on 5.0

You did not specify as to who passed away first i.e., your Grand Mother (GM) or your Mother.

Going by condition of your GM in her Will, if your mother predeceased your GM then you and your brother will be entitled to the property equally, 1/2 share each.

If your Mother died after your GM they all three of you i.e., you, your brother and your father get equal share i.e.,1/3  share each.

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

If the property is ancestral nature then your father can claim equal share. 

even an unregistered will that has been properly executed is a valid instrument in the eyes of law.Hence in view of aforesaid, if your Will is unregistered, under such circumstances you will have to file an application under Section 276(1) of Indian Succession Act 1925 for seeking Probate orders. 

 

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

1. If your mother have died  before your grand mother then property will devolve among both brothers and not to father.

2. If grandmother was deceased before your mother then will of your mother comes into play and father can claim share from property as per will of your mother. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

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