My father has a self-earned property. He is having 2 sons and 3 daughters. All three daughters are married. When he wrote a will two sons were unmarried. He wrote a will stating that his wife is having all the rights to sell his property. If she did not sell, the property can be shared by both the sons and they have to give 1 lakh rupees to his three daughters each. Other than that no body has the right for anything. My father died 15 years back. Now mother is living. One my brothers died recently. Do we (three sisters) have rights for the property? Kindly advice.

Question

My father has a self-earned property. He is having 2 sons and 3 daughters. All three daughters are married. When he wrote a will two sons were unmarried. He wrote a will stating that his wife is having all the rights to sell his property. If she did not sell, the property can be shared by both the sons and they have to give 1 lakh rupees to his three daughters each. Other than that no body has the right for anything. My father died 15 years back. Now mother is living. One of my brothers died recently. Do we (three sisters) have rights for the property? Kindly advice.

Answer ( 1 )

  1. NO
    Since your father has already made a testament against the property then his WILL will succeed till the time atleast your mother is alive. on her demise, the property will go by succession if she doesnt make a WILL as then this property becomes ancestral property and it will then be divided equally between all the legal heirs.

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