Property devolved through testamentary succession like Will demolishes the character of ancestral property.
In other words you do not have any share in it.
Huf property
Hello sir, my grandpapaji passed way (dadiji already befor) and left will for huf property to go to tauji and papaji. They both divided the property and now it's owned by them in their names. I'm grandson - do I have any right in propty ? How to enforce ? Thanks
Asked 10 years ago in Property Law
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12 Answers
Propty ws huf and will was for his part of it
Asked 10 years ago
Sir, 2 parts - there is share of papaji in huf ( by birth) and then there is what he got by way of will. What you say applies to all ?
Asked 10 years ago
you may get share in your fathers share provided he does not bequeath.
Yes, it is applied to all Mitakshara Hindu family.
Thank you. So I can file a suit to get a share in my fathers share ? Thanks again
Asked 10 years ago
Is your father alive?
If he is then you can not claim any share as during his life you have no share in it.
you can ask for the share in ancestral property ,the share which your father has got from his father
Let us know whether your father is alive or not, if not, has he left any WILL or died intestate. Based on your answer, the correct opinion could be given.
grandfather has bequeathed property by will to his 2 sons . partition of property has taken place and mutation has been done in name of your father and uncle . during your father lifetime you have no share in said property .
Thank you. Yes, father is alive. If one day he executes a will excluding me, I can claim a share from his share in the huf (which was partitioned after grandfathers death) ?
Asked 10 years ago
1) as on date you have no share in the property .
2) why should your father disinherit his son in his last will .?
3) look after your parents in their old age .
4) if your father dismherits you then you can always challenge the will if you so desire .
5) you cannot claim your father share
You have no share in it. Forget this property .
Thank you all
Asked 10 years ago
For Mr Sethi, sir for point 5 of your previous response, at no point in future I can claim a share in fathers share even if what he got from grandfather was based on the division/partition of huf ? I'm a good son :) but life can throw up surprises as I'm sure you're aware
Asked 10 years ago
no you cannot claim any share in fathers share in property . if your father dies without a will then you would be one of the legal heirs to the property
Understood. And if it is willed to anyone else, then I have no claim over anything at all ? Thanks again
Asked 10 years ago
thanks for your appreciation . you have atlast understood that if property is willed by your father to any other person you would have no claim at all
YES, NOW YOU HAVE UNDERSTOOD.
GOODLUCK