sanctity of will- if 2 out of 3 properties are only listed in will??
RAMJI
(Querist) 24 September 2013
This query is : Resolved
Dear Experts
This is related to a WILL. Grand father of wife had obtained his ancestral properties in 1942 thro a registered partition deed from his forefathers and in which all THREE properties scheduled and mentioned as ancestral. Grand pa had 3 children ( 2 m +1 f) the events are as below thereafter:
1. Grand pa wrote first WILL in 1996 mentioning all THREE PROPERTIES IN WILL indicating all his children equal share... and it was registered.
2. in 1997, same grand pa CANCELLED THE FIRST WILL AND WROTE FINAL WILL BY SIMPLY DELETING OUT ONE OF THE THREE PROPERTIES FROM WILL AND ALSO DELETED HIS DAUGHTER FROM WILL AND GAVE REASON FOR SO DOING.
3.In the final will, grandpa bequeathed his share ( i.e 1/3 of undivided of 2 of 3 properties listed) to HIS GRAND SON ( i.e sons son, i.e my wifes brother) and put a condition that THE GRAND MA WILL HAVE RIGHT TO LIVE IN THESE PROPERTIES TILL HER LIFE TIME AND GRAND SON TO LOOK AFTER HER....THE WILL IS SILENT ABOUT, SHARE OF GRAND DAUGHTERS... WILL NEITHER EXCLUDED THEM NOR INCLUDED THEM WHEREAS DAUGHTER WAS EXCLUDED FROM WILL IN RECORD.
4.Thereafter, the grand pa expired in nov 1999, leaving his 2 sons + widow+ 3 major grand daughters + 1 grand son live. Following that grand son got married in 2000 and GRAND SON IMMEDIATELY FILED PROBATION of WILL BY LISTING 1. widowed grand ma + 2 sons + 1 daughter AS RESPONDENTS. Grand son managed to GET NO OBJECTION CERTIFICATE /AFFIDAVIT FROM ALL THESE ( point to be noted is in this probate petition NONE OF THE GRAND DAUGHTERS WERE JOINED AS RESPONDENTS AND NEITHER NO OBJECTION WAS TAKEN FROM THEM)...AND MANAGED WITH NO CAVEAT....based on this, HIGH COURT GRANTED LETTER OF ADMIN IN FAVOUR OF GRAND SON FOR 1/3 SHARE ONLY... recently, the widow grand ma also expired in 2012.
5. with this background, my questions are as follows:
a) IS THIS SAID WILL VALID? AS THE PROPERTIES WERE INHERITED ANCESTRAL, IN NATURE written by the author himself.
(learnt that ancestral properties can not be willed?
b) Is this WILL valid at the instant that ONE OF THE ANCESTRAL PROPERTY WAS NOT PART OF FINAL WILL by the author himself? ( learnt that A WILL HAS TO LIST ALL THE PROPERTIES IN HOLD AS ON DATE OF WILL)how come select properties could be willed/!!!
c)THE AUTHOR DID NOT APPOINT ANY EXECUTOR FOR THE SAID WILL, BEING SO, HOW COME GRAND SON APPLIED FOR PROBATE? INSTEAD HE MUST HAVE APPLIED FOR LETTER OF ADMIN ALONE !!! RIGHT?
d) Kindly advise, is there any way Now to challenge this WILL & ITS PROBATE /LOA GIVEN BY HIGH COURT IN YR 2001?.. the objective is TO GET EQUAL SHARE FOR THE FEMALE COPARCENERS ALSO (i.e all 3 grand daughters have been given nothing from family ancestral properties except superfluous affection and visitation to family and all of them are house wifes with no independent income......)
e)Kindly give any other views / advises to help these three grand daughters to get atleast their eligible share now.
REgards
Ramji
ajay sethi
(Expert) 25 September 2013
contact a local lawyer . it is necessary to go through the will , probate obtained from high court . will must be containing a residuary clause
