Hi all,
My Grand father had a property of about 5 acres, which he acquired through succession (by death of his father, who died in testate). My grand father had 4 Sons and three daughters, died in 2009, leaving my grand mother as widow. my grand mother expired in 2014, expired in testate.
when my mother with her sister asked for division, one of the brother (youngest) is referring to a will written in 2005, awarding entire property in favor of him. although he did not show us the will copy, we verified the same with concerned SRO.
i have following questions:
1. is my grand father entitled to write an un-equal partition will favoring only one son(out of seven)?
2. in this scenario, can my mother challenge the will ?
3. what is the process My mother and other 5 inheritances should follow in order to partition the property.
thanks,
SV
Asked 8 years ago in Property Law
Religion: Hindu
Seems i have challenges in writing out the case properly. here is an edited version of the same
Hi all,
My Grand father had a property of about 5 acres (recorded in ROR document as Ancestral property).
He had 4 Sons and three daughters, died in 2009, leaving my grand mother as widow. my grand mother expired in 2014.
till the expiry of my grand mother, no body asked for partition(2009-2014) and my grand mother expired intestate.
when my mother with all her sisters asked for division, one of the mother's brother (youngest uncle/mama) is referring to a will written in [deleted] by my grandfather, awarding entire property in favor of him.
there is no mention of the reason why daughters have been dis-inherited. only statement is that they are all married.
But, he mentioned the reason for awarding to the youngest uncle, because "he (my grand father) had told
the in-laws of my youngest uncle during youngest uncle's marriage that -> {my youngest uncle has 5 acres of land}".
BTW, my youngest uncle is a central government employee with a decent earning and individual assets apart from the ancestral property
we verified the record of the will with SRO, and it seems in deed my grand father had registered the will.
i have following questions:
1. is my grand father entitled to write an un-equal partition will favoring only one son(out of seven), even when the property is ancestral in nature?
2. is the reason for awarding a biased inheritance on basis of "a word/statement given during marriage of the male child" justfiable and standing before the law?
2. in this scenario, can my mother challenge the will written by my grandfather ?
3. what is the process My mother and other 5 inheritances should follow in order to partition the property.
thanks,
SV
Asked 8 years ago