• How to divide ancestral property

An ancestral property a grandfather and his 2 sons and 2 daughters. Grand father wrote his share to one of his grand children without making any share to his wife.
Now the widow grand mother and his 2 sons and 2 daughters are dividing there share. The grandmother can get any share? The grand father wrote a registered will to one of his grand children? How the share will be divided?
Asked 10 years ago in Property Law

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5 Answers

what basis you say property is ancestral ? has probate been obtained ? it is necessary to go through the will made by grand father .

Ajay Sethi
Advocate, Mumbai
96742 Answers
7804 Consultations

Your Grandfather's will bequeathing his ancestral property is not valid. Only self acquired properties can be bequeathed through will.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

The ancestral property could not have been given to the exclusion of grand mother's share. However, a lot hinges on the specific clauses mentioned in the will.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

It is your own statement that this property is ancestral. If that be so, then your grand father could not have willed his share to his grand children. Although without a perusal of the title deeds of the property and the will made by your grand father during his lifetime nothing can be said with a tinge of certainty, nonetheless your grand mother's claim seems to be legally sustainable at first blush.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

you have not answered our query as to on what basis you say property is ancestral . it is necessary to go through settlement made by your grand father to advice . if your garnd mother and aunts are asking for share better contact a local lawyer to decide your course of action

Ajay Sethi
Advocate, Mumbai
96742 Answers
7804 Consultations

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