Ancestral property
Anil Pillai
(Querist) 27 June 2012
This query is : Resolved
FATHER HAS DIVIDED (THROUGH WILL PAPER)HIS ANCESTRAL PROPERTY AMONG 2 OF HIS CHILDREN, EXCLUDING THE THIRD ONE. HE IS ALIVE. MY QUESTION IS THAT, AS PER HINDU PROPERTY LAWS, IS THIS ACTION VALID. IF NOT WHICH THE COMPETENT AUTHORITY TO APPROACH.
EXPERT OPINION IS SOLICITED...
REGARDS
ANIL
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Anil,
It is not valid. If the property was ancestral the father was not competent to divide the property in two parts to the exclusion of the third, he could at most give away his 1/4th to two of his children in prefernce to the third, but nothing more than that. His will is not effective because of testimonial incapacity.
The 3rd child can seek a partition can get his 1/3rd share culled out from the property, if father is dead, however if father is alive - then his share is 1/4th
Good Luck !
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Anil,
It is not valid. If the property was ancestral the father was not competent to divide the property in two parts to the exclusion of the third, he could at most give away his 1/4th to two of his children in prefernce to the third, but nothing more than that. His will is not effective because of testimonial incapacity.
The 3rd child can seek a partition can get his 1/3rd share culled out from the property, if father is dead, however if father is alive - then his share is 1/4th
Good Luck !
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Anil,
It is not valid. If the property was ancestral the father was not competent to divide the property in two parts to the exclusion of the third, he could at most give away his 1/4th to two of his children in prefernce to the third, but nothing more than that. His will is not effective because of testimonial incapacity.
The 3rd child can seek a partition can get his 1/3rd share culled out from the property, if father is dead, however if father is alive - then his share is 1/4th
Good Luck !
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Anil,
It is not valid. If the property was ancestral the father was not competent to divide the property in two parts to the exclusion of the third, he could at most give away his 1/4th to two of his children in prefernce to the third, but nothing more than that. His will is not effective because of testimonial incapacity.
The 3rd child can seek a partition can get his 1/3rd share culled out from the property, if father is dead, however if father is alive - then his share is 1/4th
Good Luck !
K.K.Ganguly
(Expert) 28 June 2012
As per Dayabhaga School of Hindu Law, it is valid. As per Mitakshara Scool of law your father is just one of the successors alongwith his other sons. In most part of India Dayabhaga Schhol of Hindu Law is prevailing. You shall have to checkup as to your area is governed by which school of law.
K.K.Ganguly
(Expert) 28 June 2012
As per Dayabhaga School of Hindu Law, it is valid. As per Mitakshara Scool of law your father is just one of the successors alongwith his other sons. In most part of India Dayabhaga Schhol of Hindu Law is prevailing. You shall have to checkup as to your area is governed by which school of law.
