► Situation:
The father's grandfather (ancestor) has given the property to the father through a settlement deed.
The settlement document states,
"Then only his male descendants will inherit the property."
The father is now deceased.
He has sons and a daughter.
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3 answers
3 Answers
Dear Sir,
As per the wishes of grandmother property can be inherited by male persons only because it is sthreedhana of grandmother as such daughters cannot claim any right.
The will is capable of providing conditions for future bequest as long as it does not contradict law or morality. In the current case the condition is in direct contravention with provision and hence it can be struck down. File a civil suit to get the condition struck down. Kindly contact an advocate to do the needful.
Property shall devolve among all class-1 legal heirs of father which includes his mother, if alive, his wife, his sons and his daughter in equal proportion. If property cannot be divided then same shall be sold in market and sale proceed shall be divided among said legal heirs in equal proportion.
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