Will on ancestral property
Chandradeep
(Querist) 03 June 2013
This query is : Resolved
Sir,
we are resident of UP.
My grandfather executed a will on an ancestral property in 1991, nominating my father as sole heir on the whole property.
My grandfather had two sons and four daughters including my father.
My grandfather deceased in 1994.
My uncle (father's brother) had already deceased during 1990.
1. At present, is the validity of will executed by my grandfather can be challenged by any of his four daughters (my aunts)?
2. If the validity is challenged, what could be the consequences?
Please refer the relevant sections of law also.
M.Sheik Mohammed Ali
(Expert) 03 June 2013
pls confirm that the above said will is registered or not
any of the witness signed or not
Raj Kumar Makkad
(Expert) 03 June 2013
Nothing shall change if the will is registered or not.
The main thing in the given case is that the property was ancestral in the hands of your grandfather so he could not have executed a will. The will is invalid on that ground but if the same has not been challenged by other legal heirs of your grandfather then their right to challenge get exhausted due to lapse of time.
malipeddi jaggarao
(Expert) 04 June 2013
In other words, Will is valid for bequeathing self-acquired property. Here it is ancestral property and all legal heirs have their rights. If they contest the will is subject to satisfaction of their rights.
Chandradeep
(Querist) 04 June 2013
Sir, the will is registered and signed by witnesses.
What can be the possible share of a heir if same is challenged?
Raj Kumar Sir, can you please refer the relevant rule/law specifying the time limitation for challenging the will by any of heir?
