- This topic has 15 replies, 7 voices, and was last updated 1 year, 5 months ago by
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UMy Grandfather had willed the ancestral land on my Uncle’s name without ever informing my mother or her sisters. My Grandfather never gave dowry, put money on my mother’s or her sister’s educations, got them married to people with no jobs or whatsoever to free himself of the burden, whereas my mother would try everything to earn and put it on the building of plots, schools for my grandfather. She has been taking care of their medical expenses too from last 2-3 years, after she got a govt. object. Now, My maternal aunt once blackmailed my mother that she will commit suicide if she were to ever ask for property.
Can my mother and her sisters fight the will of my grandfather?
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QLawyer from Hyderabad
Yes. Your mother can challenge the will by filling the civil suit as it is an ancestral property. And try to get an injection order against so that your uncle cannot alienate the property.
Feel free to ping me. If you have any further queries about this issue.
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MPlease do understand the legal definition of ancestral property. Just because it belongs to grandfather, it does not become ancestral.
**Under Hindu Succession Act, 1956 any property that has been inherited from 4 generations of male ancestors is ancestral property**
What are the rules that qualify any property as ancestral?
https://www.livemint.com/money/personal-finance/what-are-the-rules-that-qualify-any-property-as-ancestral-11679424187516.html-
UHey! My great grandfather died before leaving any will, so my grandfather and his brother got the land, then does it mean that it does not remain ancestral?
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UI did, but from that I understood that it’s now self acquired property of my grandfather ,hence my mother or her sisters have no right in it
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PCheck that the property is indeed “ancestral”. That is, it belonged to your grandfather’s great grandfather.
If it isn’t ancestral, your grandfather can will it to whoever he wants.
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IGrandfather cannot give the entire land to ur uncle in the ancestral land and your mother along with aunts can file something called a suit for partition and u will have yo challenge the will aswell …but you have to be sure to have property papers to show that its ancestral property ..
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