Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Share of married daughter in ancestral agricultural land in uttrakhand during the year 2004

(Querist) 06 October 2013 This query is : Resolved 

Sir,

My fathers eldest brother in the year 1976 made a will of his share of our ancestral agricultural land on my name as he had no son but only one married daughter who was staying with her husband in a different place.

My fathers above said brothers wife died at an early age and after that he started staying with us and after that only he made the above will on my name.

I came to know that in 2004 he made another will on his married daughter name.
During this time the father was around 80yrs and the daughter 55 yrs.

I would please like to know if the first will on my name does hold any value in front of the second and last will and can that daughter have our ancestral land as per Hindu succession act of 1956.


Thanks and best regards,

RSB
Uttrakhand..
P. Venu (Expert) 07 October 2013
No, the later will prevails. Even otherwise, your cousin sister is a coparcenar in the ancestral property.
Rajendra K Goyal (Expert) 07 October 2013
Later will prevails. One can change his will as many times as he wish.
Sarvesh Kumar Sharma Advocate (Expert) 07 October 2013
Will is based upon shouldwill of maker he has absolute right to change it in his life.
Sarvesh Kumar Sharma Advocate (Expert) 07 October 2013
Will is based upon shouldwill of maker he has absolute right to change it in his life.
Kishor Mehta (Expert) 07 October 2013
Madam,
[1] A person can prepare any number of Wills to his own property during his lifetime.
[2] The latest of the Wills is legal and will prevail.
[3] The Will should have been prepared by the testator/your uncle, properly and legibly signed by him in the presence of two independent witnesses, and properly attested by these witnesses.
Good Luck
Kishor Mehta
jayashree (Querist) 07 October 2013
Dear all,

Please note that I am discussing about ancestral agricultural land in Uttrakhand..

jayashree (Querist) 07 October 2013
Will cannot be made for ancestral agricultural land?
jayashree (Querist) 07 October 2013
As per Hindu succession act of 1956, married daughters have no right in ancestral agricultural land in UP & Uttrakhand?
jayashree (Querist) 07 October 2013
I would request the experts to please cross check their advices..
Raj Kumar Makkad (Expert) 07 October 2013
As your uncle had sole daughter (may be she married), your uncle even could not have made will in your favour as your cousin sister was sole owner to the ancestral property of your uncle.

There is no such law which may debar the sole successor (may be married daughter) to inherit the ancestral property of her father in UP and UKD.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :