Ask ancestral propertty- registered will document's valid
Guest
(Querist) 23 May 2015
This query is : Resolved
Dear Experts,
My Uncle was made a registered WILL document of 6 acre all ancestral agricultural land to his first son named in the year 2009. WILL document was registered without knowledge of his second son. Then my uncle and his two sons 6 acre equally shared 2 acre each by registered partition document in the year 2010. My uncle was died six month earlier. Hence, please kindly advise me the following my query.
1) Will WILL document legal/valid this stage which was made before partition document and all 3 persons shares included?
2) Can first son claim his father’s 2 acre land by WILL document?
I am looking for your kind advise in this regard.
Thank you for all Experts.
malipeddi jaggarao
(Expert) 24 May 2015
1. No.
2) Not exclusively. All the legal heirs including his surviving wife and daughters, sons have equal right.
P. Venu
(Expert) 24 May 2015
The partition, in the normal course, need not invalidate the Will. As such, the first son may have a claim on the father's share.
Dr J C Vashista
(Expert) 25 May 2015
Will is required to be probated by beneficiary which is subject to be challenged and cancelled. The testator can bequeath his own share and not the entire property.
T. Kalaiselvan, Advocate
(Expert) 28 May 2015
If the property was partitioned subsequent to the execution of will, but the will came into force only after the partition was effected, the will may lose its proprietary,however if the property bequeathed in the will was the absolute property of the testator and not involved in partition during his life time, then a claim can be made on it.
Rajendra K Goyal
(Expert) 02 June 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Will-document-valid-or-not-for-making-ancestral-property-539666.asp#.VW02utKqqko
