Hello, My grandma (father’s mother) had unclear will of our property to my brother (sibling) but it’s not transferred or anything, it’s yet to clarified. She is no more and now my father also no more. Now I have a son, can my son get inheritance of this ancestral property?
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Probate of will is mandatory in Chennai
2) if your brother wants to have property transferred in his name he has to apply for probate
3) apply for mutation of property in name of legal heirs
4) enclose death certificate of father ; grandmother
5) if your brother objects to mutation of property he has to prove the will
Grandmas property note comes under the head of ancestral property. If the will is not clear then file a partition suit for getting the share that is entitled to receive your father
Firstly the property that belonged to your grandmother will not fall under the category of ancestral property .
The ancestral property is always from Male succession.
Moreover your grandmother's property upon her intestate death shall devolve equally on her own legal heirs.
Your deceased father being one of the legal heirs/successors in interest to succeed to the estates left behind by your deceased grandmother, his share of property shall devolve equally on his own legal heirs, that is, you, your mother and your siblings.
You shall be entitled to an equal share out of your deceased father's share in your deceased grandmother's intestate property, your son or none of your own heirs shall be entitled to any share out of your share in the property at least not during your lifetime.
1. How is the will 'unclear'?
2. Come with complete facts.
1. If your paternal grandmother's property has not undergone any partition and is intact till date, then your son is entitled to a share in the ancestral property.
2. However, as per your narration, your grandmother had left a WILL, which has to be examined before arriving at the solution mentioned at Sl.No. 1 above.
As your grandmother had left a Will in your brother's favour, the Will took effect after her death, and the estate devolved on the legatee automatically. Your brother need not transfer the demised property in his name. There is no such legal requirement. He has become the absolute owner, and can deal with it in any manner he likes. You cannot have any claim on it.
