Ancestral property by partition

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(Querist)
18 May 2012


Have Query regarding Ancestral property by partition. Please suggest.

2 buildings and house came from ancestral to my grandfather. My grandfather has two sons and 3 daughters. In 1978 2 buildings got partitioned to my father and uncle.

Last week my grandfather expired and he made a will of house to my uncle son[minor]. So my question is whether my father/father's sisters can challenge this will ?

Thanks in advance

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charana (Querist)
18 May 2012

Pleas be note that house didn't get partitioned at all in 1978, only buildings got partitioned and shared between my father and uncle

Property was from my grandfather's grandfather. So it is ancestral property.

Nadeem Qureshi (Expert)
Click to Talk
18 May 2012

Dear Charana
the Will is not valid,you Grandfather can execute the Will only till his share.
you can file a suit before the civil court for declaration that the Will is null and void

Adv.R.P.Chugh (Expert)
18 May 2012

Dear Querist,

Since the property was ancestral - grandfather could will it away only to the extent of his own share and not more than that. File a suit for Declaration.




Guest (Expert)
18 May 2012

The will can be challenged as the will by your grandfather beyond his share in the house is void. Ancestral property can be willed away by the testator only to the extent of his own share in it.

Shonee Kapoor (Expert)
19 May 2012

I agree with expert opinion that this will is invalid.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

charana (Querist)
24 May 2012

Is Property obtained by partition is considered as ancestor property or self owned property?

Is this partiton property can be gifted to anyone without considering other coowners in partition deed?

charana (Querist)
25 May 2012

Please give some suggestion for below query

s Property obtained by partition is considered as ancestor property or self owned property?

Is this partiton property can be gifted to anyone without considering other coowners in partition deed?

Sudhir Kumar (Expert)
04 April 2013

anyone interested in reply may gget other facts at http://www.lawyersclubindia.com/experts/Ancestral-property-305796.asp

raj kumar makkad (Expert)
04 April 2013

In how much threads, you shall raise the same query?



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