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My wife's grand grand mother written a registered will by stating that her land will be owned by (can be sold) the daughter and son of her grand son (My wife's father).Her Grand son & Wife (My wife's parents) can enjoy the property till their life time. But only their kids can own and sell that property after they become major. 5 years back, Her father had taken the front side of the land and constructed the house by occupying more than 60% of the land and kept the empty land (approx. 40%) in the back side of the land for her. Now they are saying that the house and the front side of the land is only for his younger brother and only 40% of the empty land in the back side of the building is only for her. In this case, can she claim that she needs equal share of the land? can she claim the front side of the land? is it possible to file a suite and ask for equal share of the land or demolish the construction? Is there any precedence or priority given for elder daughter?
Your wife can claim that she needs equal share of the land. The Hindu Succession Act, 1956 states that all children, both son and daughter, have equal rights over the father's property to be shared with the mother and grandmother. For further enquiry Contact us on helpline number.