Will of ancestors property


This property purchased by our grandfather. After his demise it distributed among four son. My father also had one share. He sold 2/3 property and purchased a land. After his demise in 2010, our mother also became one of the successors with us. She made a registered will to one son, other two has left. Other case of rest 1/3 property. She opt the similar strategy on this property too. Now she expired in 2015, and the benefited son made the possession of her property in accordance of will and plan for disposal. How can we made restrictions? Is there any legitimate solution? Can we challenge the will? Officially we haven't received the copy of the will
 
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Advocate

The Will of the testator mother has to be probated through the Civil Court for making it complely executable. The Will can be challenged by other heirs at the time of Probation proceedings in the civil court. The son having Will in his favour cannot dispose the property of the deceased mother unless he get the Will probated and if he so plans to do the best course is to get the injunction order taken from the civil court againt him.

 
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FIN

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Who was 1st owner of property; Grandfather or his forefathers?

The property devolved upon grandfather from his maternal or paternal side?

The said partition was by registered partition deed or with signatures of all Co-parceners/legal heirs or oral partition that is proved?

The whole property of deceased father was transferred to Mother? If yes; was IT by registered deed say; relinquishment/gift etc from other legal heirs in favor of mother?

Did mother transfer whole property to said son?

Has said son disposed/sold by registered deed say; sale  deed?

 

As per your post there is NO clear information if there are daughter/married daughters in the families!

Are you a married daughter?

The property is in which state?

How is IT ancestral property?

Confirm!

 
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FIN

 

Ancestral Property:.. should be four generation old ………acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter…………………..orProperty inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property…………

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

1st of all you may clarify on what grounds you have posted that said property is ancestral property….

The testator (owner of estate/property) can dispose upto his/her share only and cannot dispose share of other Co-parcener.

The WILL on ancestral property may not be  valid if the proeprty is ancetsral in nature..

 

 
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FIN

 

 

 

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

It is no mandatory to probate the WILL in other areas.

It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

IT is not mandatory to give copy of WILL to legal heirs by testator or beneficiary..

A WILL is a mere piece of paper until IT is duly acted upon without any cloud on IT!

1st of all check if the said WILL is valid and has been duly acted upon without any cloud on IT.

 

 
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FIN

The authority under whose jurisdiction property falls say; MC, has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

Check locally and find out what has transpired in O/o Authority

If you wish you may submit your objections to O/o Authority…ASAP, under proper acknolwedgment!

You must pursue to get copies of forms & enclosures submitted, even if thru RTI. The authority may provide these to legal heirs.

You must also get mutation records with all link docs starting from 1st owner of the said property (e.g; Grandfather of grandfather was 1st owner) to the last owner!

If WILL is contested it lands up in probate court of pecuniary jurisdiction.

 

If WILL is not submitted to be acted upon without any cloud on IT ……………..and if IT is not acted upon without any cloud on IT………………..or IF probate fails……….  then it becomes matter of succession per provisions of personal law that applies.

 
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FIN

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters and having successful track record…………..and worth his/her salt..ASAP...

 
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