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Will on ancestral property (Civil Law)

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This query is : Resolved


Author : Chandradeep

Posted On 03 June 2013 at 16:40

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.




Expert : M.Sheik Mohammed Ali

Posted On 03 June 2013 at 23:39

pls confirm that the above said will is registered or not

any of the witness signed or not



Expert : raj kumar makkad

Posted On 03 June 2013 at 23:51

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.



Expert : malipeddi jaggarao

Posted On 04 June 2013 at 07:00

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.



Author : Chandradeep

Posted On 04 June 2013 at 09:48

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?


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