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Cherylann Miranda
in Family Law Property Law
Asked October 20, 2017

Right of a Christian woman in her ancestral property

  • 1 Answer

I am a Christian woman. My father died in 2013 and made a will giving our ancestral home to my only brother. I left the house 20 years ago because my father was abusive. I tried to return to my home after my son's father died but my father threw me out. I want to fight for right to residence in one's ancestral home like a married woman has a right in her matrimonial home. Pls advice

Answer 1

Under the Indian Succession Act, children get an equal share in the property after the death of the Christian male, only if there is no will executed. In such a situation, the widow and the children will become the heirs. 

As per the facts given by you, it is clear that a will has been executed indicating that the directions given under the will have to be exceuted and your father had the complete right to transfer the property in this manner. The option available to you is to explore the possibility of challenging the will itslef. If you are successful in challenging the will then the provision of the Indian Succession Act can be employed to claim your share as a heir. 

Agree Comment 0 Agrees over 3 years ago

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