Can daughter claim share if father’s will excludes her?

My mother's father had a pending case with his brothers and sisters regarding the division of ancestral property. His father (i.e., my mother’s grandfather) had not made a will earlier. Suddenly, he passed away after the case was filed, but before its resolution. However, before his death, he made a will stating that only his son would get everything, excluding his daughter (my mother), even though the case was still pending in court. In this situation, and considering this is a Hindu family, is my mother eligible to claim her share?

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Advocate By LEAD INDIA Answered: 16 Jul 2025

Your mother is entitled to a share of the ancestral property, despite the will made by her father. Under Hindu law, daughters have a legal right to inherit ancestral property, and a will cannot disinherit them. The court will ultimately decide the division, but her claim to a share remains valid. It is advised to consult an expert property lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number. 

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