Can someone claim share despite grandmother's will and brothers?
Person G (grandfather) had self-acquired property, including a house and a shop. After G's death, his wife H (grandmother) made a will in favor of their three sons: A, B, and C. All three sons now have their own children. Son A has two sons (D and E) and one married daughter, F. After her marriage, F was unaware of how the property was distributed. Her name is not reflected in the Jamabandi (revenue records), whereas A, B, C, and their wives are listed. Sons D and E have a share, but daughter F does not. Recently, son D (of A) filed a partition suit against his uncles B and C. Questions: • Can F (daughter of A) file a suit for partition against her brother D? • Does this situation constitute a coparcenary under Hindu law? • Is the will made by H (grandmother) legally valid and enforceable? • Can F claim a share in the property during the lifetime of her father A?
Yes, F can file a partition suit claiming her right as a daughter, even if her father is alive. If the property is ancestral or coparcenary, she has equal rights. If it’s self-acquired and willed by the grandmother, the will must be verified. A court can check if it’s legally valid and fair. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee