Amendment 2005 in the hindu succession act.

Sadanand bhisaji Panchal (Querist) 27 May 2023 This query is : Resolved
Respected Experts,
My wife has three brothers and two sisters. Her grandfathers agricultural land and House standing thereon is situated at Takuka Kudal, District Sindhudurga and same is ancestral property. Though the said property is ancestral, in the year 2011, my wife’s elder brother got signed a testamentary Will from his father and registered the same before the Sub-Registrar of Assurances, Thane, wherein it is falsely alleged that the said property is owned by my wife’s father and further prohibited to give any share to my wife and her sisters out of the said property. In the said Will no Executer appointed.
In December 2022 my wife’s father expired and her elder brother submitted a death certificate and the said will to the Talathi to mutate names of three brothers in the right of records. Later the Talathi sent my wife a Notice under Section 152 (2) of the Maharashtra Land Revenue Code asking whether she has any objection in writing. My wife sent an objection letter in writing. The Matter is pending before the Revenue Circle Officer.
Kindly Inform me as per following:
1) Can my wife’s father sign a testamentary Will even the said property shown in the Schedule is ancestral one which is in the names of four uncles and her father where the said property is still not partitioned?
2) Can my wife’s father deprive off right of his Female Childrens from the said property?
3) Whether my wife’s elder brother can submit said testamentary Will before the Talathi where there is no Executor appointed?
4) Whether my wife’s elder brother by intending to deprive off right of his sisters from the said property has committed offence under IPC? If committed, please inform me the section of IPC.

Thanks in advance
Regards,
Sadanand B. Panchal.

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Quick Summary

This discussion concerns a family dispute over ancestral property following a father-in-law's registered will that attempts to disinherit his daughters. While a father can only bequeath his own share of ancestral property, not the entire ancestral estate before partition, he can indeed will away his self-acquired share. The registered will's validity is noted, and while no criminal offence is found in the brother's actions, the wife's objection is being processed by revenue authorities. Legal consultation is advised for clarity on claiming a share.

Sudhir Kumar, Advocate (Expert) 28 May 2023
your wife has already contested the claim. Not known on what grounds?

Since the WILL is registered you cannot doubt the authenticity.

Your wife may get some share from the property but the relationship lost is much more costlier which no law can restore.

kavksatyanarayana (Expert) 28 May 2023
On your wife's father's share inthe ancestral property and she will get her share and hence she may consult a local advocate to file a case in court.

Dr. J C Vashista (Expert) 28 May 2023
Question wise answers are as under:
Q 1) Can my wife’s father sign a testamentary Will even the said property shown in the Schedule is ancestral one which is in the names of four uncles and her father where the said property is still not partitioned?
Ans: No, he can bequeath his own share in ancestral property, where he (father) has one share equal with his children including your wife.

Q 2) Can my wife’s father deprive off right of his Female Childrens from the said property?
Ans: He may not give benefit to any / either of the children from his share.

Q 3) Whether my wife’s elder brother can submit said testamentary Will before the Talathi where there is no Executor appointed?
Ans: Facts not clear.
However, executor of a will has the role as an umpire to proceed as authorised in the will.

Q 4) Whether my wife’s elder brother by intending to deprive off right of his sisters from the said property has committed offence under IPC? If committed, please inform me the section of IPC.
Ans: No crime /offence has been committed.

T. Kalaiselvan, Advocate Online

(Expert) 30 May 2023
Your father in law can very well transfer his share of property to anyone of his choice because it is his self acquired property.
His share of property was inherited by him through his father. Therefore the share of property inherited by him and his siblings becomes their self acquired property.
The Objection expressed by your wife is not sustainable in law.
One the property was divided or if it was your wife's grandfather's property, then it cannot be considered as ancestral property.

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