Ancestral property by partition

charana (Querist) 18 May 2012 This query is : Resolved

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) 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.

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, Advocate (Expert) 04 April 2013
anyone interested in reply may gget other facts at http://www.lawyersclubindia.com/experts/Ancestral-property-305796.asp