India – If The Property Is Ancestral, You Could Claim A Right In It.

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the  following Q&A which was published by the Mint Newspaper on 12th May, 2021 and the online edition of the same can be found here.
 

My paternal grandfather wrote a Will for an equal distribution of a house to his son (my father, who died in 2010) and grandsons (my brothers) without any mention about the granddaughter (me). I have four brothers. The elder one voluntarily parted ways after a mutual agreement in 1990. He is now deceased. Now, the remaining three brothers are claiming equal rights on the property based on my grandfather’s Will. But my assumption is that I’m allowed to claim my share in the property too based on inheritance rights.
 

—Kusuma

It is not clear whether your paternal grandfather had inherited this property from three generations above him (potentially making it an ancestral property) or whether it was self-acquired. We assume the property was self-acquired. If so, your paternal grandfather would have the right to transfer the property to any person during his lifetime or under his Will (to the exclusion of others, including yourself). While we are not aware of the full scope of the 1990 mutual agreement, we assume it was limited to your elder brother relinquishing his rights to the property as a result of the separation.