Will of ancestral property

Querist : Anonymous (Querist) 02 September 2011 This query is : Resolved
My late Grandfather has a self aquired property he died intestate leaving behind his daughter, son and wife.

After his death the three legal heirs are daughter, wife and son each for 1/3 rd share.

Can his wife will her 1/3rd share to his son or since this is not self aquired by her cant be willed.

Another question can a registered will made be challenged as there can be a unregistered will made after the registered will which could not have been registered . Registration of will is not a requirement it is always the last will that is valid.

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prabhakar singh (Expert) 02 September 2011
You have right conception about the share of heirs which is 1/3rd each.

yes the widow of your father(your mother)after getting this one 1/3rd becomes absolutes owner thereof as her self acquired property and is capable to transfer it as per her wish by any mode of transfer including a
TESTAMENTARY transfer by WILL.

Registration of a Will is optional phenomena.You are right only last will prevails.Though law is silent but it is desirable that registered Will should be revoked by a subsequent registered will as other registered documents can be revoked
only by a subsequent registered documents.

M/s. Y-not legal services (Expert) 02 September 2011
For the first question am agree with mr.prabhakar. The mother can transfer her share to any one as of her.

M/s. Y-not legal services (Expert) 02 September 2011
But we can revoke the earlier registered will by an unregistered will.. But the testator should be created that will before a witness. We can fight for prove it.. Am agree that registered documents is stronger than unregistered one. But we can challenge it in will issue.