Apni Law Staff asked 2 years ago
I was born in 1960, making me 58 years old. My father passed away in 1957, just a year after my birth. Now, my paternal aunt, born in 1948, is claiming our ancestral property. My grandfather, who passed away in 1998, left a will for my mother and me, but it was never registered at the Tehsil. We have always relied on our ancestral property, it’s not something we earned ourselves. Could my aunt legally claim this property? Any advice would be greatly appreciated.
Best Answer
Apni Law Staff answered 2 years ago
Your aunt’s claim is likely to be unsuccessful. As you were born after your father’s death, you inherit your grandfather’s property by intestate succession. While the unregistered will may not be legally binding, it supports your claim. Since you and your mother have been in possession of the ancestral property for a long time, you can strengthen your case through adverse possession.
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