Is the will made for Ancestral Property valid

This query is : Resolved 
 

(Querist)
10 April 2009

Dear members,
we have ancestrsal prpoerty which inherited for my forefathers (i.e from my fathers' Grandfather). My grand father has 2 sons and 4 daughters.

My queries:
1).My grand father made a will on the name of his two sons and his younger daughter(at the time Unmarried). Is the will made by him is valid?.

2). He made a gift registration of some property on the name of his 3rd daughter without any the consent of his rest of the Children(All are major). Is it valid?.

HENCE i AM REQUESTING YOU TO PROVIDE ME YOUR VALUABLE SUGGESTIONS ON THE SAME.


Ashey (Expert)
10 April 2009

Will is operative only after the death of the testator ... if he is still alive then will is inoperative

Ashey (Expert)
10 April 2009

yes ... the will made by him valid but only to the extent of his share ,after deducting the property which he had bequeathed through Gift as his share, in the property he had bequeathed through such will

Ravinder reddy K (Querist)
10 April 2009

Hi Ashey,
Thank you so much for the suggestion on will and the gift Register made by him is valid or not

Ashey (Expert)
10 April 2009

Mr. Ravinder .. i want to know opinion of other learned friends too.. so let the status of the query be open

Ashey (Expert)
10 April 2009

yes .. the gift is valid to the extent of his share in the property

Ravinder reddy K (Querist)
10 April 2009

He i.e.my grand father died 10 yrs back has 6 children what will be his share in the ancestral property.

Ashey (Expert)
10 April 2009

example
Total property = 10 apple
your grand fathers share = 3 apple
then if he bequeath through
Gift - 1 apple &
will - 9 apple then
Gift of 1 apple is valid and
will of only 2 apple is valid



Ashey (Expert)
10 April 2009

hope the example will answer your queries

Ravinder reddy K (Querist)
10 April 2009

means in the ancestral property only sons and grandsons are eligible?

Ashey (Expert)
10 April 2009

he has got only 1/7 share in the property

Ashey (Expert)
10 April 2009

presently son and daughter have got equal right in the ancestral property

Ravinder reddy K (Querist)
10 April 2009

means for the rest of property remaining all his children are eligible?
wat about grand children?

Ashey (Expert)
10 April 2009

grand children .. gets only the share what his father is entitled to

Ravinder reddy K (Querist)
10 April 2009

But wat abt the will he made in that case.

once the will has been made by my grandfather, are his daughters eligible to ask equal share in the remaining prpoerty.

Ashey (Expert)
10 April 2009

a person can dispose of only his share in the ancestral property and not the share of the other coparceners

Ravinder reddy K (Querist)
10 April 2009

Hi ashey,
Let me explain you clearly, as i told you my grand father has 6 children(2 Sons+4 daughters).

two daughters got married in 80s itself.
(for this reason he sold some property ancestral).

for 3rd daughter marriage he sold some property and given some property as gift.
for the rest 3 has given a will saying equal share in the remaining.

That will has been implemented at MRO and after that we went for arbitrary and compromised to give the calculated value equal to her share, she accepted (Signed) the same and after wards she breached that.

Now she is asking for equal share in the property.

kindly let me know her eligibility and guide me to proceed further.

shall we have the rights to cancel gift deed made for his 3rd daughter.

B.B.R.Goud. (Expert)
10 April 2009

i do agree with my learned friends.
but onething, the brief shall be clear and one time case instead of instalments i.e. bit bit wise brief is going on and solutions are also differs.

adv. rajeev ( rajoo ) (Expert)
11 April 2009

The will and gift made by the grand father is valid to the extent of his share only. grandfather cannot make will for entire ancestral property.

Y V Vishweshwar Rao (Expert)
13 April 2009

I agree with my lrd friedns and futher add that;-

in Ap till 1984 the male members are only coparcenrs- by Ap amendment the un married duathers are also included in the Coparcenary Definition , and by amendment 2005 it is futher included, all the daughters whether married or un married, in the Copacenry definition for partition of the properties which are remained joint( Not partitioned ) if the properties are already partitioned and ther is no property to be divided there is no entitlement to the daughters to calim any partition !

The Gifts reasonably made by the Kartha of the Family will be bindign on the Family memebrs
The sale for family necessities like Marriages will also bind the family memebrs ,

The Compromise is implimented before the MRo , it is Revenue Court for partitions and mutations and Land rights up datign by adjudication under the Pattedars Pass Books Act -any order passed under the this Act will be binding on the parties to the compromise , any previous settledPartition - Compromise - issue can not be re-opened under the guise of Amendment to Hindu law - provided the transactions took place before 2005 Amendment Act

In my view she has to accpet the previous transactions and further not entitled to

The Gifts and Will Deed appears to be already adjusted - a transaction has already taken place on the properties before the date of 2005 amendment it is binding !

with regard !

Hiralal Das (Expert)
14 April 2009

Thanks all of you.

Sachin Bhatia (Expert)
02 October 2009

Person can dispose of only his share in the ancestral property and not the share of the other coparceners. The gift is valid to the extent of his share in the property.



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