Legal Question in Real Estate Law in India
my father made a will before 9.9.2005 the day of amendment of Section 6, bequeathing his entire property in the name of my brother. He started ignoring me. My father is still alive. Can I still have claim of my share in the property which is ancestral in nature? My father has title of the said property.
2 Answers from Attorneys
16.10.2013
Dear Sir / Madam,
As long as the title of the property is in the name of your father, it is absolutely immaterial whether the property is ancestral or self acquired. Your father is the best judge to deal with his property in the manner he best deems fit. A Will can always be overridden with a new Will written subsequently so as to relinquish the previous Will. You should convince your father to give you and your brother an equal share of his property, and make a Will accordingly.
Regards,
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