Can one claim a share in a property even if his name is not there in the will?
Question asked by Mr. Pradeep from India:
Please let me know if my father had written a will of property only in the name of my brother & sister and not in my name. My mother also expired a day after my father’s death.
Please clarify, the property will be divided among three of us or not ?
Thanks
Pradeep
Veena Answers:
We are of the view that in the event the property was ancestral in nature, your father did not possess the right to bequeath the same only to your brother and sister, in exclusion to you. However, if the property was the self acquired property of your father, he had the rights to bequeath the same in favor of anyone he desired to bequeath. Even if the will is challenged, the chances of success are bleak.
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